• Succession of property

We have inherited movable as well as immovable property from parents without will.
Do we have to apply for succession certificate or letter of administration to enable us to transfer the assets in our name. And what will be the total cost. Please advise.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Succession Certificate is required when somebody inherits any immovable or movable property under the various relevant Laws in the country. The majority of these issues are covered under the Hindu Succession Act.

It establishes the legitimacy of the heirs and gives them the authority to get the deposits and other assets transferred in their names.

For this, you'll have to hire an advocate to present your Succession Application in Civil court having jurisdiction to entertail such a matter, and costs of which differ from lawyer to lawyer.

Regards,

Siddharth Jain, Advocate

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

No it is not necessary when there is no dispute under hindu succession act Succession certificate is not necessary all the legal heirs can give there affidavit and along with the death certificate of father the name in immovable property may be mutated and further a partition deed may be drawn and registered by all the legal heirs.

Similarly in case of movable property it may be equally with consent of all can be distributed and deed may be drawn.

For amount in bank, on providing noc from all legal heirs and death certificate the bank shall release the funds.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Yes for both moveables and immovable properties you will have to apply for grant of Letters of Administration from court

2. The fixed court fee is Rs. 75000

3. Then there will be lawyer fees depending on the lawyer

4. Plus clerkage fee for taking care of court departmental work. It's somewhere between 30 to 35k. May be less or more.

5. So total cost including lawyer fees will be around 1 lac 30k or thereabouts

6. May I know what type of immoveable and moveable properties your parents have left ?

7. As all legal heirs are consenting and there is no one to contest, few property transfers may happen without the LA too, depending on the acceptance by society or landlord

8. For moveables lying in bank or mutual funds etc you will have to obtain a Succession certificate. If there is a nominee, then it won't be required. The funds can be released to the nominee and thereafter nominee has to distribute the funds between the legal heirs

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

You have to apply for letters of administration frombombay high court

2) succession certificate is only for movable debts and securities

3) court fees is maximum Rs 75000

4) legal fees vary depending upon the Lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You just obtain legal heirship certificate from the Tehsildar's office or the revenue department, apply for mutation of revenue records on joint names of all the cosharers.

This will be sufficient

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You can do the following:

1. Yes you need to apply for succession certificate by applying in the district court;

2. What documents to attach along with the application:

i. Name of the deceased

ii. Death certificate original

iii. Service certificate issued by the head of the department/office in case of serving employee

iv. Ration card and Aadhar card

v. Pensioner payment slip issued by the office of accountant general in case of pensioner

vi. Family members names and relationship

vii. Applicant’s signature

viii. Date of application

ix. Residential address

x. An affidavit worth Rs 20 on a stamp paper

In absence of a Will, you may also need to prepare an affidavit on stamp papers, along with a NOC from the other legal heirs or their living successors i.e. other Class I heirs. If you have paid any consideration (in kind or cash) to any heir or claimants to acquire their share, do mention this in the transfer papers.

This is a step by step process:

1. Once property gets transferred in your name, the next important task is to apply for mutation of property title;

2. This is required for the purpose of payment of Maintenance, property taxes, or to transfer or apply for utility connection in the name of new owner;

3. It also adds evidentary value in respect of the title to the property;

4. Mutation of property records takes place at the local competent municipal authority office in whose jurisdiction the inherited property is located.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) If among all your sibling there is no dispute to divide property equally, than its not necessary to apply for succession certificate.

2) For movable and immovable property to be inherited on your names than try to get succession and legal heirs certification from court.

3) Total cost will costing to approx 5% of total value including court stamp fees and legal lawyer charges.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,,

If there happens to be no issue between the legal heirs then just a succession certificate is required so that the property and other assets can be transferred to respective names.

Contact a local lawyer for the same, it will take 6-8 months approximately.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

No need of Succession certificate as same is issued for movable properties like bank securities etc, all u need to get Legal Heir certificate, and apply for Transfer of property in legal heirs.

Legal Heir Certificate and death certificate will attach with application.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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