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rahul (assistant)     05 April 2010

sucession certificate

Please guide me how to make sucession certificate.  Whom should i apply for that. What are the documents required for making sucession certiifcate. 

Secondly, tell me if i am having legal heirs certificate still i require sucession certificate for transmission of shares or their is any other way in absence of the same.

Please guide

 



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 6 Replies

bhagwat patil (Property due diligence 9422773303)     08 April 2010

in maharastra if u are agriculturist the talathi will  prepare for u.other in civil court apply for probet.it takes 6 months for procedure if no objectionis raised.

Akhilesh Maurya (Private legal practice)     10 April 2010

Mr. Rahul.

For the succession certificate you have to apply in the proper civil court having jurisdiction for the same. The papers required is the death certificate of the deceased, family member certificate and the certified copy of  the property or  certificate of the share as it may be. you have to apply on the prescribed format. The procedure for issuing succession certificate may take more then one month. If you have legal hairs certiticate then you have to contact the head of the office he will tell you what you will require more with legal hairs certificates.

Suryanarayana Tangirala (Advocate)     10 April 2010

An small error rolled in u r reply Akhilesh ji, for immovable properties no succession certificate is granted,it is only granted for debts and securities(372 of Indian Succession Act,1925).Rest of the advice is correct.

Gundlapallis (Advocate)     11 April 2010

For transmission of shares: yes a succession certificate is required when there is no will. And rest of the information my ld friends have already guided you.

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     11 April 2010

Sir

My late father had purchased two plots and expired in Jan 1987 thereby leaving his legal heirs (wife three sons and two daughters absolute living heirs-late mother had also filed and sworned before the Additional Judge prior to drawal her family pension from the department after acceptance The original document is with us only and landed property of late father is in his name only  and no changes have been effected  In the meanwhile illegal transactions have taken place and the claimant had claimed as ancestral property and gift setlement of landed property has been registered in favour of his wife (after death of my parents) and my late father did not gift any portion of land to his own legal heirs (wife/three sons/daughters) or any other person(s) Any Legal heir succession certificate required at this juncture due the fact that my late mother had filed an affidavit on stamp paper duly indicating herself as legally wedded wife prior to drawal of family pension and other five legal heirs In case of necessity for obtaining legal heir succession certificate is required whether it has to be obtained by the first absolute living heir or any one of living can obtain it After death pf our parents, we have not authorised legally to deal with the landed properties of late father to anyone on our behalf

kindly advice further course of legal remedy

Thanking you

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     18 April 2010

Sir

Good Morning

The land was purchased by my late father in the year 1969 and the seller was absolute title holder of the land declaring her as self acquired property Also confirmed that these lands were free from all encumbrances which court case/mortgage/gift etc and executed the deed categorically that she would protect the property in case any defect is noticed at a later date through In my case third party (not absolute legal heir of late father) has been involved illegal sale of landed properties of my father in connivance with the local authorities on the grounds that the claimant in this illegal sale transactions has claimed the properties of my father as ancestral property /gift (after death of father in jan 1987 these transactions took place in the year 2001 (after 24 years of demise of late father) we are five absolute living brothers and sisters As per the Hindu Succession Act 1956 claimant in illegal sale transaction is not absolute legal heir of father The land is in favour of father only (600 square yards) My late mother also expired in may 1992 The sub Registrar concerned has not furnished the details of the person who had gifted the land and how he has claimed it as ancestral property As per the revenue records maintained by the department have informed that the person who sold the land to my father was absolute owner of the land Further the Sub Registrar confirmed and furnished handwritten document of sale deed of my late father under RTI Act in Jan 2010 Any penal action against the land grabber and if so to indicate relevant section of the act and tender considered advice for further action

Thanking you


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