• Court fee succession certificate

Sir, I 'd like to know the court fee required to obtain succession certificate. My father was expired one year back he has one bungalow in his name in urban area and an agriculture land in rural area. The residential property is constructed in society plot and the share certificate is with us. The lawyer advised us to pay the fees as per the valuation of the property. On search over internet i found that if the plot is in society one has to pay nominal fee according to amount of transfer of share of the society. please guide me about court fee required in case the residential property is a society plot and agriculture land. 
 in this case i 'd like to know that whether one can obtain only legal heir certificate from court without mentioning any property and which can be used for transfer of property in the name of legal heirs jointly. The property is situated in Maharashtra state
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

succession certificate is only for movable debts and securities

2) since your father died leaving bungalow and agricultural land you have to apply for letters of administration from district court

3) even if it is bungalow in society court fees would be payable on valuation of bungalow

4) maximum court fees for LA is Rs 75000 in Maharashtra

5) legal heir certificate would not serve the purpose

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) you have to pay court fees based on your valuation of property

2) once you file for LA notice would be issued to collector

3) he can carry on inspection of property and finds valuation given by you too low collector would carry out valuation and submit report to the registrar of the court .

4) you can object to valuation given by collector if you so desire . if no objections received valuation given by collector would be accepted

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The court fee is not uniform throughout India as every state has enacted its own court fee act, so you must consult a local lawyer for this,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Instead of obtaining succession certificate you can obtain legal heirship certificate from the revenue department within your jurisdiction.

Actually succession certificate is for movable properties only and not for immovable properties.

Do not go by the greedy advocate's words, there is no necessity to pay court fee or stamp duty to obtain a succession certificate for immovable properties.

Dont get cheated by the misguidances.

Transferring the property in society is different to that of the registrar's office as per transfer of property act.

All the legal heirs can execute a registered release deed in favor or a chosen legal heir which will make the legal heir as an absolute owner if this mutually agreed by one and all.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

who will decide the value of property and whether the procedure is same for agriculture land?

The government guideline value is the standard procedure to assess the value of the property.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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