• Successor certificate

Hi 

my father and my brother died in an road accident in year 2001 ,left behind was me my mother and my grand mother (died in year 2013 ),other than this i have one BUA(sister of my father(married)).

My mother got Remarriage in year 2003 when i was 7 year old .As i was 7 i was directly given the name of my new father (all my document have my new father name) except my birth certificate .No adoption process was followed.

I have some shares of father (who is dead) for which i need a succession certificate to sell them .

can anyone tell me the process to get a SUCCESSION CERTIFICATE in my case .

Thanks in Advance
Pulkit
Asked 8 years ago in Civil Law

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5 Answers

You have to file petition in district court or HC having jurisdiction for issue of succession certificate in name of legal heirs

2) your mother and you are the legal heirs

3) you have to pay court fees depending upon market value of the shares

4) mention detailed particulars of shares in your petition

5) succession certificate takes around 6 months

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased.

Application: A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.

your mother and you are the legal heirs of fathers property.The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.The certificate is granted by a competent civil court after you file an appropriate petition mentioning the details of legal heirs, property etc. The court will thereafter issue notices to all the legal heirs to attend the proceedings. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.

Procedure on application.-

(1) If the District Judge is satisfied that there is ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing--

(a) to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and

(b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate.

(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him.

(3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. Succession certificate is to be applied in court of District Delegate.

2. In such proceeding you will require NOC from other legal heirs of the deceased.

3. once the court is satisfied with the NOC of all the legal heirs the court can grant succession certificate.

4. The proceeding takes around six months to get the certificate.

5. It requires court fees which varies from state to state.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hello,

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.

For issue of succession certificate, first you file a petition with the district court or high court within whose jurisdiction the property or asset is located. Mention the name and relationship of the petitioner with the deceased person. Also mention names of all heirs of the deceased, details about time, date and place of death in the petition. Also produce a copy of the death certificate. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one disputes or contests your petition on the expiry of this period, the court will pass an order for issuance of succession certificate. The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate. The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You cannot get the desired certificate from the revenue department at this belated stage.

You may have to approach the competent court to get the desired relief.

Since you have not been legally adopted by your step father, you are still the sole successor your deceased father.

Your paternal aunty is not a legal heir to your father when you are alive and surviving class I legal heir.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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