• Succession certificate

1) my deceased mother had bought some shares 20 yrs ago . We didn’t do anything to claim it till now . We need to get a succession certificate and I hv some questions :
1) what id the percentage we have to pay the court for a succession certificate ?
2 ) will the court fee be based on the now - number of shares and value 
3 what is the procedure for the succession certificate ?
Asked 1 month ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu

It depends on the slab to the maximum of 75000/- upper limit. The value will decrease as per the share Price

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

1.  Succession Certificate can be applied in the state High Court and the Court Fees would be approx. 1,75% or 75000/- (Maximum) and time duration to obtain it: approx. 6 months.

2. Will have to do it thru a experienced advocate, with all relevant supporting documents, consent affidavit, valuation certificate of shares etc....

 

Hemant Agarwal
Advocate, Mumbai
3677 Answers
19 Consultations

5.0 on 5.0

The legal procedure to obtain the succession certificate is highlighted as below:

  1. The applicant will prepare a petition, verify and sign the same and submit it to the district judge in the appropriate jurisdiction after paying the appropriate court fees.
  2.  The district judge will inspect the application and if the same is admitted, he shall fix a day for the hearing in respect of the same and also send notice of the hearing to whomsoever he thinks fit.
  3. After hearing all the parties concerned, the judge will decide if the applicant is within his right to apply for the application and shall grant the certificate to him if satisfied.
  4. The  judge may also require the applicant to provide a bond with one or more sureties or any other security so as to make good any possible loss arising out of the use or misuse of such certificate.

Each state has different charges for stamp duty of succession certificate. So Tamil Nadu state may have different.

Maximum 3% according to current share prize you will have to pay stamp duty.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Court fees would depend upon market value of shares as on date 

 

2) court fees is state subject and varies from state  to state 

 

3)you have to file petition for issue of succession certificate 

 

4) enclose mother death certificate 

 

5) schedule of shares 

 

6) SC takes around 6 months 

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

1. 2 percent of the value of the shares

2. You can get the value of the shares from the website of respective company.

3. For getting a Succession certificate you should file a petition before the District judge of  your jurisdiction 

- You should include the following details:

  • The time of the death of the deceased
  • The ordinary residence of the deceased at such time of death; and if such ordinary residence is not available, the details of the property that is within the jurisdiction of the district judge to whom such an application is made.
  • The family or other near relatives of the person deceased and their respective residences
  • The rights of the petitioner
  • The absence of any reason to invalidate the grant of the certificate
  • The debts and securities in respect of which the application for such a certificate is made

Mohammed Shahzad
Advocate, Delhi
1617 Answers
26 Consultations

5.0 on 5.0

Hi

You will have pay a rs50 fee in form of court tickets while filing the petition for sucession Certificate. 

After the court orders of granting you the succession certificate you will have to buy stamp papers of value 3% of the value of shares , succession Certificate will be printed on those stamp papers. 

Procedure:-

Filing of case.

Proving that you are only eligible to get the succession Certificate. 

Court will then publish notice in news papers for asking objections if anyone have.

Then court will order granting of the succession Certificate 

Then it will be printed on the stamp papers as i mentioned above. 

Thanks 

Rahul Jatain
Advocate, Rohtak
1088 Answers
3 Consultations

4.9 on 5.0

1. See court fee on succession certificate depend on state to state the local advocate may guide you on same.

2. It shall depend upon the value of the share.

3. For same you have to.file before the district court after verifying the status of leg heirs and issuing notice to them and hearing them the court sha grant succession certificate.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

An application for succession certificate must be filed in the district court making all the persons who are heir to it...parties. the court shall issue a succession certificate.

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

1. The court fee slab in every state is different, hence only a local lawyer well conversant with state stamp duty act can tell you the court fee payable on the petition.

2. A petition for grant of Succession Certificate has to be filed in the court of District Judge,

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

It is legal fess which would be considered by the advocates. 

Subject to the place where your mother resided a succession certificate can be applied .

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1671 Answers
8 Consultations

4.9 on 5.0

Dear Sir,

About Succession certificate

A succession certificate is granted by the court in order that legal heirs get a full authority to control the debts and securities of deceased father or mother, husband or wife. Now since after death of a person a legal heirs are the immediate persons who will get the movable assets of a deceased person. The process of succession certificate is a summary process to determine the authenticity of legal heirs.

About Application to get succession certificate.

In order to get the succession certificate an application under section 372 of Indian succession act is to be filed in the court of senior civil judge, jurisdiction is determined on the basis of where the decease resides or where his assets are situated.

Procedure

The civil judge will examine the application and on first date of hearing would pass following orders

->Publication in leading newspaper.

-> Order SDM of deceased residence to examine legal heirs.

-> order the bank where assets are situated to come up with all records.

Once these steps are cleared and there is no opposition and statements of all legal heirs are recorded the court would grant the succession certificate by furnishing indemnity bond an surety.

Netravathi Kalaskar
Advocate, Bengaluru
4591 Answers
22 Consultations

4.8 on 5.0

Court fee as per present value and it may be up to 2%.

Petition will file in session court in same manner civil suit files. Notice will issue to legal heirs, who are objecting your inheritance right. 

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

1.  The court fee for filing succession certificate case is different to that of the stamp duty to be paid on the schedule of properties shown in the case for which this succession certificate is obtained through court.

The stamp duty shall by 3% of the value of the property more fully mentioned in the schedule .

2. Read the above answer.

3. You have to file a case before the court competent seeking succession certificate, you may contact a local advocate for this purpose.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

1. You have to pay court fees depending on the value of shares which you want to claim. It will be according to Tamil Nadu court fees act.

2. Court fees will depend on current value of property.

3. You have to file suit for succession certificate under Hindu succession act by paying filing charges. And after getting orders you need to get stamp paper of required court fees for succession certificate.

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

first of all you have to tell the exact amount which you are claiming.

you have to approach district court with a petition along with details of your property, legal heirs, death certificate of the owner of the property. Thereafer, notice will be served to all the legal heirs to be present before court.

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

1. You have to apply to the district court having jurisdiction for grant of a succession certificate. Death certificate and legal heirs certificate are supporting documents.

2. Stamp duty will be a percentage on the current market value of the security.

3. Yes, on the current market value.

4. Please see reply to Q 1.

Swaminathan Neelakantan
Advocate, Coimbatore
613 Answers
6 Consultations

4.9 on 5.0

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