The rate he is telling can't be possible. This is the rate for property registration.
The court concerned can tell you exactly how much has to be paid.
Regards
Succession certificate cieling 75000
Sir, my father left ppf account with balance of 4500000.00 in uttar pradesh with no nominations. Department asked for succession certificate to release same. Advocate said approx 175000 will be stamp duty for same. Their must be cieling of stamp duty. If so then which act define same
Asked 4 years ago in Property Law
Religion: Hindu
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13 Answers
You have to pay court fees when you apply for issue of succession certificate it would be 8.75 per cent on Rs 45 lakhs
Courts levy a fixed percentage of the value of the estate as a court fee for issuance of the certificate. This has to be paid in the form of judicial stamp papers of sufficient amount, after which the certificate shall be typed, duly signed and delivered.
1. Under the Court Fee rules, the court fees shall be "maximum" 75000/- for any type of succession certificate /probate /Letter of Administration.
2. Rest would be lawyers fees etc....
3. However, IF you are the sole legal heir THEN you can submit a Affidavit & an Indemnity Bond to the postal dept., with supporting documents like aadhar card, birth certificate, PAN card etc.... This is also typically sufficient.
There is no cieling on stamp duty. The more the amount to be recovered the more stamp duty will be.
THE COURT-FEES ACT,1870
1[12. Certificate under the Succession Certificate Act, 1889
Two per centum on the amount or value of any debt or security specified in the certificate under section 8 of the Act, and three per centum on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act. Notes-(I) The amount of a debt is its amount, including interest, on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained. (2) Whether or not any power with respect to a security specified in a certificate has been conferred, under the Act, and where such a power has been so conferred, whether the power is for the receiving of interest or dividends on, or for the negotiation or transfer' of, the security, or for both purposes, the value of the security is its market-value on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.]
Maximum you have to pay 3% of your PF value.
Maximum 135000 will be stamp duty.
75000 is the ceiling of stamp duty for the same in addition to it you need to pay lawyer fees
See stamp duty is different in different States so in UP there may be no such ceiling so you have to deposit same amount as per you lawyer , you can take reciept of duty paid from lawyer.
Not stamp duty but court fees but advocate is showing higher fees, max 6 to 7 % of total amount as court fees, rest lawyer may demand his professional fees.
And i think court fees is 2 to 3 % max.
Greetings!
Succession certificate is issued by judicial court by way of process of court after issuing notice to public by way of paper publication.
Documents required to submit are as follows: 1. Death certificate, place and time of death to be mentioned in death certificate,
2. Family tree of deceased person showing all the legal heirs,
3.Ration card,
4.Pan card,
5. Aadhaar card etc.
Stamp duty will be 3% if total value of the property 450000 × 3% = 13500/_ which your suppose to pay and it may vary from state to state please check out with your advocate how much is the percentage for succession certificate in your state and you will get to know if you calculate the same.
However before applying for succession certificate legal heir certificate suffice and it will be issued by tahsildar and it shows the legal heir of deceased person if it rejects then you can apply for succession certificate..
- A Succession certificate is defined as a certificate issued by a court to the legal heirs to receive the interest or dividends on the securities and bank deposits etc.
- For getting the Succession Certificate , you will have to file a Petition before the District Judge of Varanasi Court
- 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.
- You will have to attach the death certificate of your father and the detail statement of uptodate amount in the ppf account.
- 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 within which anyone who has any kind of objections may raise them.
- If no one has objection for transfering the said deposits in the name of your father, then the Court will pass an order to issue a succession certificate .
- You will have to deposit approx 2 % of the amount of the claimed amount in the name of your father , for getting the said succession certificate.
- However for accurate court fee , you should discussed with your advocate.
Dont forget to rating Positively.
above Rs3 lakh it stands at 7.5 percent with a maximum ceiling of Rs 75,000.it would be good if you check the exact calculation from the clerk in the court concerned.
There is no such ceiling limit on court fees it depends on the claim amount.
The stamp duty differs from one state to another.
The prevailing rate and the maximum ceiling for payment of stamp duty on such occasions may be enquired from the local registrar's office.
You can get the information from the local court also where you intend to file this case
