• Succession certficate in case of joint ownership

I had bought a flat in Pune in joint name with my father. Property had loan in my loan which has been closed now. Last month my father passed away due to sudden cardiac arrest. He had not prepared legal will. This flat was out for sale and now there are customers lined up. But I have been told I will need Successor Certificate to sale this flat.

My query is -
1. In joint owner do we need Successor Certificate?
2. What should be fees paid to court for getting Successor Certificate?
3. Do I need to pay stamp duty again? If Yes, how much would it be?

Thanks for your help in advance

BR
Dwarka
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1. Yes because for your father share all the legal heirs your other and other sibling if any will have claim.

2. The succession certificate court fee shall be according to.the state.

3.Sir the fee shall be according to state where succession certificate is applied as for court fee all state have different regulation and fee.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

A succession certificate from the district court has to be obtained which specifies the heirs to the property. On the basis of that you may apply for the ownership of the flat. No stamp duty has to be paid though. There must be more legal heirs apart from you of your father.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

You need letters of administration from district court for father share in flat

2) succession certificate is needed for movable debts and securities

3) you have to pay court fees of maximum amount of Rs 75000

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Hi sir,

A succession certificate may be used in situations where banks, financial and private institutions release funds to the nominee (where such nominee is not the legal beneficiary of the asset) and the nominee refuses to cooperate in distribution of the asset to the legal beneficiary. Similarly, a succession certificate may be useful to prove genuineness of the claimant where the inheritance amount is substantial. Additionally, in certain states, a probate (meaning a copy of the will, if it exists, authenticated by the Court) and a succession certificate are compulsory to transfer the title of an immovable property.

Procuring a Succession Certificate

A few important pointers for procuring a succession certificate are as follows:

The beneficiary/ legal heir is required to approach a competent court and file a petition for a succession certificate.

The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant the succession certificate.

The petition should mention important details such as the name of petitioner, relationship with the deceased, names of all heirs of the deceased, time, date and place of death. Along with the petition, death certificate and any other document that the court may require should also be attached.

The court, after examining the petition, issues a notice to all concerned parties and also issues a notice in a newspaper and specifies a time frame (usually one and a half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner.

If there is more than one petitioner, then the court may jointly grant them a certificate but it will not grant more than one certificate for a single asset.

When the District Judge grants a succession certificate, he shall specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted (i) to receive interest or dividends on the securities; or (ii) to negotiate or transfer the securities; or (iii) both to receive interest or dividends or negotiate or transfer the securities.

With respect to costs involved, the Court typically levies a fixed percentage of the value of the estate as its fees (which is more particularly prescribed under the Court-fees Act, 1870, This fee is to be paid in the form of judicial stamp papers of the said amount. In addition to Court fees, the applicant will also be required to pay requisite fees to its lawyer.

For further details do call me

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1. Succession certificate is required for claiming inheritance of moveable items like amount left in Bank account of the deceaased, FD, MF, shares etc. whereas legal heir certificate is required for claiming inheritance of immovable properteis like flat, house etc. In the instant case, you shall require to have legal heir certificate to be obtained from the ward counselor of local municipal corporation. If you are the sole legal heir of your deceased father, then you shall become the sole owner of the entire property. Otherwise the 50% share of the said flat will be inherited by all the legal heirs of your deceased father including yourself. You can get a release/relinquishment deed regisrtered by the other legal heirs in your faour if there are other legal heirs of your deceased father.

2. the maximum amount to be paid to the Court towards Court Fees is Rs.50 K for obtaining a succesion certificate fromn the Court. However, you do not require succession certificate but legal heir certificate in the instant case which will cost you hardly any amount.

3. for selling your flat by registering the sale deed, appropriate amount of stamp duty shal have to be paid which is conventionally borne by the buyer.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Yes, you'll have to obtain a succession certificate or a heirship certificate.

2. Varies from State to State, you need to get in touch with a local lawyer for more clarity on this

3. No.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you are only one successor to this party 10 property automatically transfers in your name and you need not required to get a succession certificate but in case there are other legal Heirs to this property for your father say you have to take the succession certificate and no objection certificate from the remaining shareholders to sale of this property you are only co applicant in the loan for this property along with your father although the amount is paid from your account

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You would need to apply for letters of administration in Civil Court. You will only have to pay Court fee for obtaining letters of Administration and no stamp duty would be paid.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. Succession Certificate is required only to realise liquid assets, not for immovable property.

2. It is not clear from your query as to who are the legal heirs of your deceased father. If your father passed away intestate in respect of his share then it has devolved on his Class 1 heirs i.e mother, widow and children.

3. If you are the sole surviving legal heir then you should obtain a legal heir certificate from tehsildar on the basis of death certificate of your father and then apply for share certificate in your name. Stamp duty is not to be paid on this.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. your father had 50% share in the flat

2. as he passed away without leaving a Will, his 50% share will go to his legal heirs as per intestate succession

3. his legal heirs would be his mother, widow and children

4. any legal heir can make an application to court for grant of letters of administration [LA]

5. Once LA is granted and administrator is appointed, the latter can transfer the 50% to the legal heirs of the father or to any one legal heir with consent of other legal heirs

6. only then will the title of the legal heir be marketable and clear

7. without the LA the buyer or his lender bank will not be able to buy the flat

8. so LA is compulsory in case of joint ownership. The share of deceased father goes to his legal heirs and not to the surviving co-owner

9. court fees will have to be calculated according to the market value of the flat. Maximum court fee is Rs. 75k

10. no stamp duty is required to be paid

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1. Succession certificate is not applicable for immovable property, however you may hav to obtain legal heirship certificate from revenue department and also the other legal heirs to your father have to jointly execute the sale deed along with you..

2. Succession certificate is not applicable to the transaction of immovable property.

3. Not necessary.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read.

Process for getting succession certificate simplified

in case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.

It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance ofdebts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.

Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.

Details: The application requires details like

– name of petitioner

– relationship with deceased

– names of all heirs of the deceased

– time, date and place of death

Also a copy of the death certificate is required to be produced.

Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.

Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.

If the petition is not contested, the court usually issues a succession certificate in five to seven months.

Looking at the process, it is always better to write a will or appoint a nominee in all your financial accounts like stocks, saving accounts, fixed deposits or mutual funds etc. The nomination may also be filed with yourproperties ownership.

Section 372 in The Indian Succession Act, 1925

372 Application for certificate. —

(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).

56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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