• Succession certificate for mutation

My Grand father died 1957. He had lands in three villages at Howrah district west Bengal. Tax for lands are up to date. Now my father want mutation. He have a succession Affidavit by Executive magistrate. But BLRO want Succession certificate for mutation. Panchayet member denied to do it because we are no voter ID for villages. we are voter of city kolkata. 

we need a Succession certificate for mutation granted by District court. what we have to do ?
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

Succession certificate is not required for immovable properties.

Revenue department cannot issue succession certificate.

The revenue department can issue legal heirship certificate but since your grandfather is reported to have died way back 59 years ago, they may not be in a position to verify the veracity and issue a certificate as desired.

However you may apply for one, get a reply stating their inability to provide the same, file a declaration suit in the competent civil court to declare the legal heirs/successors in interest to the deceased grandfather by impleading the Revenue department as defendant.

The succession affidavit issued by the Executive magistrate may be filed as documentary evidence to support your pleading seeking the said relief.

The district court may not be a proper court for this purpose.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

Succession certificate is for movable debts and securities

2) you need letters of administration from court

3) you need your grandfather death certificate to apply for letters of administration or succession certificate

4)mention details of properties left by your grandfather

5) application has to be made within jurisdiction ofcourt wherein your grandfather died or he had properties

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

Succession Certificate from a District Court is required for mutation of property in the absence of will deed or any other document relating to the property. No need to approach Panchayat people for succession certificate Panchayat is not competent to issue succession certificate. You can get Succession Certificate from concerned District Court by filing succession OP/ Suit again concerned departments and as well as whom soever all concerned.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1. get family register from the collector office on the basis of pedigree.

2. file a suit for mutation on the basis of family register. succession shall be decided by the same court in the same suit.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Who are the legal heirs of your grandfather?

2. Succession certificate is ordinarily required for movable properties like Bank Deposit, LIC payment etc. and legal heir certificate is required for immovable properties like land, building etc.

3. Legal heirs certificate shall have to be obtained from the local Panchayat member.

4. Apply for legal heir certificate from Howrah Panchayat.

5. File a Writ Petition before the Calcutta High Court against the inaction of Howrah Panchayat praying for a direction upon Howrah Panchayat to issue legal heir certificate with in a fixed time frame after verifying your credentials.

Krishna Kishore Ganguly
Advocate, Kolkata
27332 Answers
726 Consultations

5.0 on 5.0

1.Nothing to worry , your father can apply for succession certificate from Howrah District Delegate.

2.it is not so complicated process and takes around 7-9 months.

3. If you want to get it done feel free to contact me as i can do this for you.

Devajyoti Barman
Advocate, Kolkata
23105 Answers
505 Consultations

5.0 on 5.0

1. Succession Certificate is required only for liquid assets, not for mutation. For mutation a legal heir certificate is sufficient. Be that as it may, you have two remedies now-either to file a suit for mandatory injunction against BLRO or apply for Succession Certificate.

2. To get the Succession Certificate a petition to this effect will have to be filed in the civil court of competent jurisdiction in Kolkata.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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