• Succession and legal heir certificate

My dad passed away recently in Mumbai. He has been a resident of mumbai for a long time. I need to know the procedure to get a legal heir certificate and succession certificate and the associated costs for it. Thanks!
Asked 6 years ago in Property Law
Religion: Hindu

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22 Answers

A succession certificate must be obtained from the district court where your father had movable property. With the help of this you can claim all the movable property.

A declaratory suit must be filed for claiming the immovable property in the district court.

A lawyer should be engaged for this.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.

After making enquiries, the Tehasildar will issue the legal heir certificate.

In order to obtain a Succession Certificate, Application is required to be filed in the Court of District Judge of competent jurisdiction which can be the place where the deceased person ordinarily resided or where the immovable property is situated.

Pl contact local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If your father died intestate in Bombay and left only movable assets like money in  bank accounts , fixed deposits etc you need to obtain succession certificate from Bombay HC 

 

2) if he left behind immovable and movable property you need to obtain letters of administration from Bombay high court 

 

3) legal heir certificate would not be sufficient 

 

4) you have to pay court fees depending upon value of property 

 

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Fees is minimal. Apply to tehsildaar office, LHC will be issue where your father had permanent address. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Dear Client,

You have to move an application in the court with the help of a local advocate. Fee depends upon the advocate may Rs. 5000 to 10000.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

It is advisable to obtain LA or SC to avoid legal complications in future 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

No. In case of a will letters of administration must be obtained by filing probate.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

Succession certificate is granted by the Administrative Civil Judge of the area where the movable property is situated. The procedure is very simple and easy. In a prescribe format, the petitioner has to disclosed the name of the deceased along with his legal heirs and the details of the movable properties. The court issue notices to the legal heirs and the state for filing the objections. In case there is any objections by any of the legal heirs, the court shall decide the same other wise the court on recording the statement of the petition will pass an order to grant succession certificate which will only be issued when the court fees as directed by the court is deposited

  Yes, it is mandatory to have legal heir certificate.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You need to file a petition for the succession certificate in court.  You need to incur lawyer fees and court fees. It takes almost 6 to 7 months.  You can take my telephone consultation from kaanoon for detail further procedures. 

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

See for legal heir certificate it won't cost much you can apply same with the jurisdictional tehsildar he will issue same.

For succession certificate you have to apply before the court and based on value of movable assets court fee shall be applicable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No it is required to get probate of the will.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

In case there is a will you need to execute the will by obtaining probate from the civil court.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Hi,

In all the cases, you need to have a legal heir and succession certificate. This can be obtained from SDM office and you may apply for it online. The payment if any, can be done online.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Client,

In case of Will, there is no need to take Succession Certificate from the court.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

You can apply for legal heirship certificate from the local Tehsildar's office, the cost would be the minimal fee that has to be paid across the counter.

Succession certificate has to be obtained through court only but it may not be required if the requirement is for transferring the immovable property alone.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

In case there is a Will, then you may get it probated after which there is no need for LHC or succession certificate

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

If your dad left behind an immovable property, then you have to obtain letters of administration from high court

For that you have to file a petition 

The legal heirs will be served notice to submit their objections against the grant of LA

If no objections are received then the LA will be granted departmentally

Under the LA, the appointed administrator has to execute and register transfer deed in favour of legal heirs to transfer property of deceased as per law

If there is a Will then a probate petition has to be filed and probate grant obtained for the Will

Getting LA and probate are expensive procedures. Depending on market value of estate, max court fees of up to 75k has to be paid. Other costs include lawyer fees, clerkage and out of pockets

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

This is my response to you:

1. If you have a Will and it is valid Will then you can file a probate petition;

2. You can also obtain letters of administration if you do not have a valid Will;

3. Consult a local lawyer, with full facts and then take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dear sir, 

since you have asked about the procedure. so coming directly to the roots of it. It is primarily known as a succession certificate and the performa of which you can get easily get on the government website. so, after filling the form you have to go the SDM office having jurisdiction and you have to submit the form with required particulars. Accordingly, you will be granted the certificate.

Now, coming to your second query. if there is already a testament or a will in your favour, than you can approach the court having jurisdiction and file a probate case with an application to grant letter of administration. After the suit is decreed, you dont need any succession certificate and you can sell the property per se. 

 

hope this solves your query.

YUGANSHU SHARMA

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
971 Answers
2 Consultations

Dear sir

Legal heir certificate is issued from the concerned taluk or tehsil office.  

And succession certificate is issued from the civil court if your area. 

For legal heir certificate you have to obtain application from office fillup the details with all legal heirs of deceased with the fees required. They will issue certificate after the inquiry.

And for succession certificate you have to hire a local advocate  who will file a petition in the court for issuing of succession certificate with list of legal heirs of deceased and court will publish a notice after which if no objection is raised by anyone in 45 days court will issue you succession certificate.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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