• Succession certificate

Hello sir,
My Grand father had a house aquired by himself. He has 2 children my father and a married daughter. He had died without leaving a will in 2000. My father was posted to some other city. My aunt has taken a succession certificate from lower court for the house in 2001. My father had no clue about it. As he was far from house. My aunt has taken benefits of bad relation between my mother and father. My mother is not educated so my aunt has taken her help in receiving court order. But my father had no idea about it and when he came tob know it all it has been already 15 yearsNow the relationship between my aunt and mother is Also not good. We filed an appeal in district court in 2016 but the same has been rejected on the grounds of limitation act. Now what we can do to get our half share.
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

Sir firstly the succession certificate is movable assets that is debt and security or money. Further if appeal is rejected in district court file before the high court. Further I would advices you to meet some local advocate with documents as to check possibility partition suit in same is possible or not.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Succession certificate relates to movable assets only and not for immovable property like house.

2. However since your grand father has died intestate both your father and your aunt have inherited his property including the house in equal share.

3 Now if your aunt is not giving the due share of your father he can file a suit for partition in the local court. 

4. The appeal you have mentioned is not clear to me as with what regards it was preferred. In any event filing of partition suit is only option. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You should have acted earlier, challenging your aunt's application for Succession Certificate. Now nothing can be done. So don't waste your resources in pursuing this matter. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1) In Succession certificate does you father's name has been mentioned in it or not ?

2) If your father's name has been mentioned on it and on property papers than you father can get 50% share in the house property.

3) Kindly check current mutation papers of house on whose name the title of house is.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to challenge the order of the Appellate Court before the High Court.

She having already obtained the succession certificate fraudulently, the only course open to you is to assail the same.

It is a legal principle that fraud vitiates everything, even the most solemn acts; relying on this principle go ahead and contest the case.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) delay of 17 years in filing appeal went against you 

 

2) hence court passe corder that claim is barred by limitation 

 

3) it should be your case that succession certificate was issued fraudulently and you were not informed nor issued notice about filing of said SC 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Dear Sir,

You have to again prefer appeal before High Court and see that order passed by District Court for set aside.  The cause of action is the date of knowledge when your father came to know about such misleading order.  Actually it was a fraud played on the court as such there is no limitation to lodge complaint and get register a criminal case also.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Limitation act comes into picture as and when other share holder demands their share. Your case that is 2016 only.you can give even criminal case against her to hide your father as one of the legal heir and got the succession certificate.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

There is no limitation for the partition of the joint property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client, 

Order is obtained by fraud , your mother has no right to relinquish father share. Issue not barred by limitation. What order says ?   and succession certificate dose not issue for immovable property .

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. You can Try filing a WP in the High Court, to set aside the Succession Certificate, citing that it was obtained by Fraud and Misrepresentation, since Grand Father had not executed any WILL for his property.

2. Also file new Civil Suit, to claim Share in the Grand Fathers property, citing absence of Grand Fathers WILL. Also file Delay Condonation Application for the delay, giving strong reasons. It would be worth a try.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Your father can file a partition suit seeking partition and separate possession of his legitimate share in the properties left behind by his father who is reported to have died intestate.

Partition has no limitation.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

You can challenge the said succession certificate as it is taken by fraud with giving notice to all legal heirs.

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

1. Succession Certificate in the first place is issued only for realisation of liquid assets, not immovable assets.

2. Be that as it may, get the succession certificate vetted by a lawyer and then apply for setting it aside if it has been obtained fraudulently. Your father should file a suit for declaration of being a legal heir to his father and also seek partition of the property. 

3. Unless all case related documents are perused threadbare no opinion can be formulated.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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