1) it should not take more than 6 months
2) judicial process takes time as courts are over burdened
Sir, we have applied for legal heir certificate(for grandmother's two daughters) since 1 month back in civil court through advocate, at that time advocate told us that it would take approx. 3 months and after the case is applied your names will be displayed on board, after that both the daughters will have to appear in the court, but why it is taking so much time i m not getting. usually how much time does it take for 2nd visit in the court.? and also not yet published in any newspaper.
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It appears your lawyer has applied for Succession certificate and not legal heir certificate as no court grants such certificate.
Getting succession certificate takes time and it is never less than 6-8 months. i am not sure why your lawyer has mentioned of 3 months.
So follow up with your lawyer so he expedite the case little more.
1. Legal heir certificate is not issued by the Court. it is issued by the local Municipal Corporation councilor.
2. Succession Certificate is issued by the Court for which application is required to be filed after paying the required Court fees.
3. Issuance of Succession Certificate takes around 6 to 9 months in most of the civil courts in West Bengal.
4. Legal heir certificate may take 7 days to be issued by the Councilor and it is required for claiming immovable properties like land, building etc.
5. Succession Certificate is required for claiming movable properties like Bank deposits, shares, Mutual Funds etc.
The court case has no time limit and the advocate who has assured of time based relief has actually misinformed you.
The delay in courts are for various reasons or various factors govern the reason for delay in disposal.
You may follow up with your advocate regularly so that you dont miss out a chance when you were required to do certain task. for follow up.
Sir we have also applied for mutation in city survey and they said that unless n until you don't pay development charges in nit(Nagpur improvement trust) mutation process would be put on hold
pay the devlopment charges and mutation of property would be done in revenue records in name of the legal heirs
1. Actually the said payment was due which was to be paid by the surviving title holder of the property.
2. So, the said authority, for the purpose of recovering the outstanding payment, has imposed the said condition that unless you clear the dues, the mutation will not be made.
3. Pay the said dues and get the names mutated since you shall have to pay the said outstanding in any way.