• Sucession certificate applicability

Hi,

I want to buy a property in Goa. The Seller is a widow. The property is in the name of this lady.In Goa by default the other spouse gets 50% share in property. Now since the husband is dead his 50% share has to be transferred to his legal heirs. The seller is saying she will do a succession certificate before sale deed. My questions are follows:
1> Is succession certificate legal document in this case? Which other documents are required?
2> Time required for getting succession certificate?
3> Total cost involved in succession certificate?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

1. Succession certificate is for movable assets for property she need a letter of administration.

2. See in court it takes some time to obtain same like 6 months or more.

3. Cost is as per the property and court fee is applicable.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Eligibility For Applying The Succession Certificate


  • Succession Certificate: Only legal heir can apply. Other than legal heir no one has a chance to apply.

Required Documents: Succession certificate-

1)   Original death certificate of the deceased person

2)   Time and place of death

3)   Names of all the legal heirs and their relationship with the deceased person.

Required Fee


  • Succession certificate: Three per cent of the total value of the property will be indicted.

Time Period


  • Succession certificate: Firstly, a newspaper notice for a span of 45 days is issued by the court. If any individuals have any kind of objections towards the particular advertisement then they have a chance to file an opposition in the court. When the objections are received by the court it might take time for the issuance of the succession certificate till all of them are cleared.

If the court doesn’t receive any kind of objections from anyone then the succession certificate is issued immediately.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. For an immovable property like land, the letter of administration required. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Succession certificate along with previous sake deed is enough

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You need to obtain letters of administration as deceased died intestate 

 

2) succession certificate is only for movable debts and securities 

 

3) it takes around 6 months if there is no contest 

 

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

Ajay Sethi
Advocate, Mumbai
94759 Answers
7541 Consultations

5.0 on 5.0

Hi

 In response to your query:

1) Yes Succession Certificate is a legal document by it is issued pertaining to Movable and Bank related properties.

The Applicable Certificate is LETTER OF ADMINISTRATION.

2) The time required for obtaining the same is between one year to two years (depending the pendency of the cases before the concerned court)

3) Depends on case to case basis and the Counsel whom you engage.

The requirements:

a) Death certificate of the deceased.

b) List of Legal Heirs of Deceased with their Photo ID proofs.

Further any other document as required by the concerned court.

Upon court's direction need to issue News Paper notification calling for objection from concerned.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Succession certificate will be taken by wife of that person and thereafter she will become sole owner of that land. 

Thereafter you should purchase that land. 

Succession certificate will be issued within 6 months from the court. 

Cost will be according to the value of the property

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Secession certificate dose not issue for immovable property. Who purchase this property and do she have any children ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
22644 Answers
31 Consultations

4.4 on 5.0

If property is on name of that lady then she don't need succession certificate to sell the property.

But if 50% property is on husband name then she need legal heir certificate or succession certificate for transfer of his share on name of legal heirs which are mainly children spouse mother and grandchildren.

If they are alive then she need consent from legal heirs to sell his share along with succession certificate.

It takes 3 to six months to get succession certificate and its cost is around 3 to 4% to cost of assets. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- For movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required.

- For immovable property like land or jewellery, one has to produce the letter of administration in support of his or her claim, and it is a legal document.

- If, at the time of filing of the Petition , other legal heirs affidavit attatched with the petition , then Court will call them for the recording of the statement/NOC , and then court will issue the Letter of Administration.

- The Court may order to publish the details in the newspapers.

- Hence, the time depends on the appearance of the LRs before the court for statement. Othewise, 6 months are enough to get the certificate.

- Total cost depends on the lawyer , eggaged by you. 

Documents required are: 

1.Death certificate of the deceased.

2. Property papers in the name of deceased.

3.List of Legal Heirs of Deceased with their Photo ID proofs.

4. Better file affidavit of LRS with the Peititon.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

1. For sale of immovable property succession certificate is not necessary, just legal heirship  certificate issued by the revenue department would be sufficient.

2. It has to be obtained through court hence it may take years.

3. The court fee and the advocate fee to obtain this can be enquired from the advocate engaged.

 

T Kalaiselvan
Advocate, Vellore
84954 Answers
2199 Consultations

5.0 on 5.0

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