• Legal sucession

Sir,
 My father died four years back and my mother died 11 months back. Both of them at the time of their were sick and did not write a will. I am the only son and I don't have any brothers or sisters. My father was also only son to my grand father.
We have three buildings and some plots in and around Hyderabad that need to be changed in to my name. What has to be done to achieve this. Let me know.
thank you

-Shiva Kiran
My mail Id is [deleted]
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

apply for and obtain letters of administration from district court 

 

2) enclose parents death certificate 

 

3) schedule of properties 

 

4) if no objections are received you would get LA in 6 months

 

5) then apply for mutation of property in your name 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Sir,

Succession Certificate is granted in favour of the legal heirs of the person dying without Will Deed. It is granted by the Court so that the heirs can claim the securities, bank account and other movable property along with the debts left behind by the deceased.

What is Succession Certificate?

This certificate authorizes the heirs to get assets or securities transferred in their names. Along with the assets, the successor has to take responsibility and liability for clearing any debts or security attached to the property.

Indian Succession Act governs the procedure and lay down the mandatory requirements for Succession Certificate.

How to Obtain?

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.

Mandatory Details To Be Mentioned In Application For Certificate

The particulars to be specified in an application for a certificate are specified under Indian Succession Act, and every application requires to be signed and verified in accordance with the provisions of the Code of Civil Procedure applicable to plaints. As the application now partakes of the nature of a verified plaint, great care should be taken to insist on its being properly and concisely drawn up.

Following information must be mentioned in the application:-

  • The name and relationship of the person requiring this certificate.
  • Names of all heirs and close relatives of the deceased,
  • Details about the time, date and place of death should be mentioned in the application.
  • Copy of the death certificate need to be filed along the application.
  • Details of the immovable properties for which Certificate is sought.

In case legal heirs are residing in outside India : Application can be filed through Power of Attorney also and the personal presence of individual before court is not required for the purpose of obtaining Succession Certificate.

Newspaper Publication informing the Public at large

Once the application for succession certificate is filed the Court will issue notice to all the legal heirs and close relatives, so that anyone having any objection in grant of Succession Certificate in favour of Applicant can raise objection.

Similarly, Publication of the notice in newspaper to inform public at large about the application for issuance of succession certificate can raise objection. After newspaper publication court waits for 45 to 60 days before granting the Certificate. If no one contests the application on the expiry of this period, the court passes an order for issuance of succession certificate and if any objection is raised, the Court will first decide the objections and then proceed further.

Extension of Succession Certificate

The Court can extent the Succession certificate to any other immovable property of which the applicant was not having knowledge at the time of filing of the application.

Court Fees

The court levies a fixed percentage of the value of the securities/movable properties as court fee for purpose of issuance of the certificate, and the same is required to be paid at the time of grant of Succession Certificate by Court.

Security from the person to whom Succession Certificate is granted

That the person to whom the Court proposes to grant the Certificate shall give to the Judge a bond with one or more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of persons who may be entitled to the whole or any part of those debts and securities.

Effect of certificate.

The certificate of the District Judge shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing such debts or liable on such securities, and shall, afford full indemnity to all such persons as regards all payments made, or dealings had, in good faith in respect of such debts or securities to or with the person to whom the certificate was granted. Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1.  The conclusive legal solution is to obtain a Declaration order from the local Civil Court, relating to your heir claim on all the properties of the deceased parents.  This will legally entitle you with Clear-Title of all the properties.

2.  File the above order with the Revenue /Municipal authorities to mutate /transfer all the properties in your name, consequent to which you will be able to sell /transfer /gift /mortgage /donate /whatever.... to anybody, without any restrictions, whatsoever.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You are sole owner of all properties by intestate succession. Apply for Legal heir certificate, valid proof that you are only legal heir of parents and on the basis of it, all properties will trasfer in your name in govt. records.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Warm greetings!

If It's an ancestral property of your father then all the legal heirs of your father siblings together will have a equal rights and the said property have to divided equally through partition deed.

However if it's an self acquired property and you have no siblings since your the only one son in such a case you dont have to worry the said property can get transferred into your name by just following few steps.

1. Have a family tree of your father ,

2. Mother deeds of property ,

3. Death  certificate of your parents,

4. Tax paid receipts ,

Approach a revenue department for transfer of property into your name through inheritance certificate  the said authority after investigation if finds genuine gets khata transfer info your name and you will be absolute owner of the property !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Obtain legal heir certificate from revenue office. 

Go to municipality office for mutation of the property in your name on basis of the legal heir certificate. Fill up the mutation form and attach copy of the legal heir certificate. Submit the form and pay the requisite fees.  Mutation will be done in your name. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hello, 

You will have to obtain the succession certificate. 

Get in touch with a local advocate along with the death certificate of both the parents and get the suit filed. 

It will take 2-3 months for you to obtain the same. 

 

Regards 

 

 

 

 

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

See you need to mutate the properties in your name for same you can file for mutation with concerned municipal authority along with death certificate of parents affidavit that you are only heir along with ID proof and details of the property..Engage local advocate he shall help you to complete the mutation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

For transfer of plots and properties on your name you need legal heir certificate of your parents.

Legal heirs certificate can be obtained from your tehsildar.

Documents needed for legal heir certificate are death certificate of parents, list of legal heirs, your ID and address proof.

After getting legal heir certificate you can apply for mutation of property on your name.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Just get the death certificate of your parents and legal heir certificate and approach the concerned authorities and manage them to get transfer all the properties in your name . 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Apply and obtain legal heir certificate from the jurisdictional Tahsildar's office in respect of the legal heirs of the deceased parents by producing a copy of their death certificates. On the basis of the legal heirship certificate, you may apply for mutation. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

You are suggested to obtain a legal heir or succession certificate from the SDM office. On the basis of that certificate, you may claim the properties and get your name recorded on that. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

First you obtain death certificates of your parents.

Then apply for legal heirship certificates based on the death certificates and other identity proofs through the local revenue department.

Once you get the legal heirship certificate you can apply for transfer of revenue records of all the properties lying on your father's name to your name on the basis of the said certificate and then transfer all other records namely water tax, property tax, electricity connection etc, to your name.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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