• Succession Certificate & Legal Heir Certificate from Barrackpore Court, West Bengal

My father expired in Oct 2018 leaving behind 3 legal heirs- my mother, me and my sister. My mother with mutual consent of my unmarried sister is not showing any details of assets in bank, LIC, PO etc. They are even not willing to give me a part of our dwelling house. The property is in my fathers name and we are 3 legal heirs. How to get legal heir & succession certificate if my mother and sister are not willing to sign on documents. My RTI appeals have also been rejected by banks on the pretext of submission of Legal Heir certificate. Who will provide me the 1) Legal Heir Certificate & 2) Succession Certificate. Is there any way the court will grant me succession certificate if other legal heirs are unwilling to sign on documents?
Asked 2 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu

File for succession certificate in the civil court for share in movable assets like bank balance share LIC etc. And for the share in property file a partition suit and seek your share in case you are not having details of property give them notice through court to produce documents of same.

Shubham Jhajharia
Advocate, Ahmedabad
15304 Answers
63 Consultations

5.0 on 5.0

Legal heir certificate is issued from revenue office of the district to identify a particular deceased person''s living heirs. Succession certificate is issued by civil court.to the legal heirs of the deceased person.

Kallol Majumdar
Advocate, Kolkata
247 Answers
1 Consultation

5.0 on 5.0

1) Yes, you may apply in the court to get Succession Certificate and Legal Certificate Below are the document list

 

Procedure to obtain a Succession Certificate

  • The legal heir needs to approach the competent court and file a petition for procuring the succession certificate.
  • The District Judge within whose jurisdiction the deceased person generally resided during the time of his death, or, if at that time there was no particular place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased person may be found, may grant the succession certificate accordingly.
  • The petition should contain all the important details such as the name of the petitioner, relationship with the deceased person, the names of all the heirs of the deceased, time, date and place of death.
  •  Along with the petition, death certificate and any other important documents that the court may require should also be attached.
  • The court, after scrutinizing the petition, issues a notice to all concerned parties and also issues a notice in the newspaper and stipulates a time frame (usually one and a half months) within which anyone who has any kind of objections may raise them. If no one contests the notice and the court is contented, it passes an order to issue a succession certificate to the petitioner.

Procedure to obtain a Legal Heir Certificate

  • According to the Indian Succession Act, 1925 there is no prescribed method to obtain a legal heir certificate, but it can be easily issued by revenue officers such as revenue mandal officers or talukdars, tahsildars in every taluk.
  • A legal heir certificate can be issued and relied upon for only limited purposes.
  • Legal heir certificates are not definite when it comes to defining the legitimate class of heirs of a deceased person under the laws of succession or the title of heirs to any undecided property that belonged to the deceased person. In case of any differences between the heirs of the deceased, the revenue officer cannot issue a legal heir certificate and is obligated to direct the heirs to approach a civil court for the determination of the rightful heirs.

 

 


How come legal heirs will take objection on Succession certificate and legal heirs Certificate, If you have proof like ration card, Domicile certificate etc. That's your rights to get share in the property. If other legal heirs rights in the way of WILL deed or Gift deed than they can produce in the court.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

Issue legal notice to mother ,sister to furnish details of bank accounts, lic policies , fixed deposits etc standing in name of deceased father 

 

2) you should file suit for partition for division of house and other assets standing in deceased father name 

 

3) succession certificate is only for movable debts and securities 

Ajay Sethi
Advocate, Mumbai
61303 Answers
3720 Consultations

5.0 on 5.0

You file suit for partition. The court will decide the legal share 

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

1. ANY single legal heir can also apply for "succession certificate" for his own share ratio of the deceased's property. Consent of other legal heirs is not required.

2. IF deceased has not executed any WILL, THEN "ALL" the residual legal heirs are entitled to claim EQUAL portions of the deceased's property. File a Civil Suit, with proper documentations, to claim the property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1812 Answers
10 Consultations

5.0 on 5.0

Dear Sir,

For a succession certificate, you have to file a succession petition in court in respect of the properties of which you are seeking a succession certificate. you will need to gather all the class 1 legal heirs and have them appear before the court and once the court. there is a procedure where public notice will be issued by the court and objections called for. if no objections are received, the succession certificate will be granted to those who claim it.

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

To obtain a Succession Certificate a person has to make an application in the court. It will usually be where the property of deceased relative is situated or that person resided. Upon checking the value of the estate of the deceased, the matter will go to such type of court which usually deals for that value matter and it is known as pecuniary jurisdiction. As per section 380 of The Indian Succession Act,1925 Succession Certificate is effected throughout the whole India.

After applying to the court, all the names of other heirs of the late relatives as respondent has to be informed. Apart from mandatory notice to the respondents, a newspaper notice is also issued. It roughly takes around 6 – 8 months from the date of filing to receive a Succession Certificate. Both District Court and High Court have concurrent jurisdiction and a petition for Succession Certificate can be heard. A petition should contain the relationship of petitioner with the deceased. The time, date, place of death details should also be mentioned in it and attach the death certificate and any other documents as the court may require. When a newspaper notice is given it specifies a time frame within which, if anyone who has objections can do so, usually it will be one and a half month time frame. If it is not contested and if the court is satisfied then it will issue a succession certificate to the petitioner.

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

1. It appears your father has died intestate without any Will and if that is so then all his movable and immovable proprieties are liable for equal distribution among three of you.

2. Now if you are deprived of getting your 1/3rd share therein then only option left is to file a suit for partition where you can lay claim your due share in respect of his all his assets.

3. So meet an advocate and file the suit as advise above.

4. Since he has immovable property as well then file partition and not application for succession certificate,

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your sister and mother are trying to fire play with you and keep you away from the property of your father.
  2. You should apply for the legal heir certificate before he Tehsildaar office of your district to claim share in the LIC amount, bank balance if any ( meaning hereby is that for all movable properties).
  3. Then you should apply for he succession certificate for claiming your share in the immovable property left by your father, by filing a suit for partion in the above said immovable property.

Sanjay Baniwal
Advocate, South Delhi
3996 Answers
7 Consultations

5.0 on 5.0

The legal heirship certificate will be issued by the revenue department/Tehsildar.

For succession certificate you can apply on your own by impleading your mother and sister as respondents, hence there should not be any problem for that.

In the meantime you may intimate the LIC and bank by a legal notice to not to disburse the amount to anyone till the disposal of the cases in this regard before concerned courts.

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

1. Legal heir certificate can be obtained from the counselor of the ward of your Municipal corporation. The counselor will ask for an affidavit from you detailing the names of the legal heirs to facilitate him in arrangingb to get the said legal heir certificate issued.

 

2. Succession certificate shall have to obtained from the Court by filing an application giving deteilas of the bank or LIC account or MF/shjares.

 

3. Once you get the loegal heir certyificate then you can get the details of the accounts of your late father .

 

4. Finally you shall have to file a partition suit claiming your share of the moveable and immoveable properties left by your late father.


1.You can tlalk to me through this portal.

 

 

2. I can not give my telephone no. as per the agreementI have with them.

Krishna Kishore Ganguly
Advocate, Kolkata
21758 Answers
564 Consultations

5.0 on 5.0

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