A parent of mine passed away intestate. Assets left behind have to be divided between siblings. Legal heir certificates, succession certificates etc are not as yet applied for. Some siblings are saying that first the settlement deed has to be made & registered & then legal heir survivor certificates etc can be made. This comes across as technically wrong. If legal heirs do not have legal heir certificates, then they are not recognised as such by the legal system formally, and the settlement deed becomes invalid or is at the risk of becoming invalid. Is this correct? Please advise.
you can apply for and obtain letters of administration from district court as your parent died intestate
2) enclose death certificate of your parent
3) schedule of property
4) succession certificate is only for movable debts and securities
5) you dont need legal heir certificate
6) you can then enter into deed of family settlement for division of property by metes and bounds
Hi
You have answered your question here yourself.
First all of the siblings need to acquire succession Certificate. All of the siblings needed to party in the case .
After getting the succession Certificate done, the property partition will be done.
Thanks
First, all the legal heirs would have to apply for succession certificate/ letters of administration in court. After that, the deed of family settlement can be executed and registered, once the shares of all the legal heirs of your father are ascertained by the court.Your siblings are a little misinformed.
TWO Options:
1. FAMILY SETTLEMENT DEED (FSD):
"ALL" the residual legal heirs of deceased person must irrevocably execute a Stamp Duty paid Registered FSD, signed mutually & jointly, with strategic clauses, as to the distribution of all the properties.
The above shall be sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /Income Tax Returns /whatever.... AND further non of the legal heirs would be able to retract from the same.
2. LETTER OF ADMINISTRATION (LA):
ALL or ANYONE of the residual legal heirs of deceased person must apply to the state High Court /Civil Court, for LA of ALL the properties of deceased and the manner it would be distributed etc.... This can be filed with Consent-Affidavit of all the Legal Heirs, by appearance before the Court judge,
The above shall be sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /Income Tax Returns /whatever.... AND further non of the legal heirs would be able to retract from the same.
What are the assets left behind ? Whatever monies/securities/movable properties can be divide equally between children/legal heirs. Just execute simple MOU, attested by witness, signed by all children and notory.
For immovable assets - apply for legal heir certificate. On the basis of legal heir certificate, property will transfer in joint ownership of children.
And partition deed will execute if legal heirs wants to divide their share.
Dear Sir,
When persons die intestate, depending on their religion, the personal laws will govern the succession to their properties. In such cases, it is essential to establish the legal heirs or to establish the representative title of a person who is entitled to claim as a result of succession to another. This can be done either by obtaining a legal heir certificate or by obtaining a succession certificate.
The essential difference between a legal heir certificate and succession certificate is that a legal heir certificate is issued to identify the living heirs of the deceased whereas succession certificate establishes the legitimacy of the heirs and gives them the power to inherit shares, securities, debts, and other assets that the deceased may have left behind. Also, the scope of a legal heir certificate is limited and it is not conclusive proof under the law of succession in India. For any property lis pendens it is imperative to have a succession certificate.
The legal heirs of a deceased person must obtain a legal heir certificate in order to transfer the assets of the deceased in their names after the person’s untimely demise. A legal heir certificate establishes the relationship between the deceased person and the legal heirs of the person. The certificate helps the legal heirs in claiming their right over the properties and debts of the deceased person.
A legal heir certificate is an important document to identify the rightful successors of a person. The legal heir certificate can help in the following matters after the death of a family member:
Insurance
Sanction and process the family pension of the deceased employee.
Transfer the deceased person’s assets and properties to successors.
Receive dues such as gratuity, provident fund etc from the government.
Receive salary arrears of the deceased.
Gain employment based on compassionate appointments.
Dear Sir,
You are truly correct in your view that firstly the legality of the claimants must be established and for such the legal heir certificate is definitely important.
Dear querist,
Procedurally you are right since the first requirement for a person who has die intestate is a succession hier certificate or commonly known as surviving member certificate duly registered is required and after that a settlement deed has to be registered in furtheranceof the settlement.
You can contact me to do all the necessary documents on your behalf.
Regards,
Yuganshu Sharma
Advocate
Delhi high court
The Legal Heirs should take the legal heir / succession certificate(s) in order to proceed legally in connection with the properties (moveable / immovable) left by the Deceased.
It does not become invalid, but it is only settlement among the heirs.
Internet articles say the following: 1. For establishment of rights on immovable, legal heir certificates are required. 2. For establishment of rights on movable assets (for example nominee money), succession certificates are required. My point is, unless rights by legal heirs are established legally, on both movables & immovables by getting succession certificates & legal heir certificates, how can a settlement deed which divides movable & immovable be valid? Rights have to be established first, if I'm correct? The correct sequence seems to be: 1. Establish rights on immovables by getting legal heir certificates. 2. Establish rights on movables (for example nominee money or car) by getting succession certificates. 3. Make a family settlement deed which specifies the movable, immovables, and adjustment of rights (if any). By adjustment of rights I mean any customizations to the distribution of assets. 4. Attach legal heir certificates & succession certificates to the settlement deed. 5. Get the deed (with the above attachments) registered with the relevant sub registrar. Do you agree?
If articles were enough, none would have required service of an advocate.
Right is already establish if no dispute between legal heirs.
Succession certificate - waste of money and time.
Partition deed executes by co owners and not settlement deed.
1. You are suggested to Re-Read by advise once again .... this time more S-L-O-W-L-Y.
It is not necessary to apply for legal heir certificate
2) you can apply for letters of administration for both movable and immovable property
3) in alternative enter into deed of family settlement for division of properties
4) it should be duly stamped and registered
You all mutually agree for family settlement through registered deed then no need to get legal heir certificate. If not agreed by all the heirs then you need to go for the legal heir certificate
The registrar may not entertain a registered settlement deed without producing the legal heirship certificate if the same is not attached to ther deed, because it cannot be known to the registrar about the entire list of legal heirs/successors in interest.
Hence it is always better to obtain the legal heirship certificate from the Tehsildar's office which will be useful for mutation purpose also at a later stage.
You have given the answers to your own questions that too very properly.
You are absolutely right in your understanding about law and the activities to be done in sequence as what you have written.
You can proceed as suggested.
1. First you have to get legal heir certificate then settlement deed can be executed.
2. Yes you are right about the procedure.
Thank you. In my understanding the legal heir certificate should be sufficient for getting ownership of immovable property (by the legal heirs) , however this was not agreed to, by a housing society where a self acquired flat belonging to the deceased intestate exists. The housing society is asking for succession certificate only to give possession. I don't understand this because it seems that succession certificate is only for movable assets. Please advise.
You ought to apply for letters of administration from district court as deceased died intestate
The housing society is ignorant of law involved in this situation.
You can ask them to give it in writing demanding succession certificate for taking possession.
In fact housing society cannot deny possession of property to the legal heirs or the successors in interest to the deceased owner, they are not the owner of the property nor they are any authority.
You can issue a legal notice to the association demanding transfer of share certificate of the property of deceased owner to the legal heirs name, let them deny the same in writing, after that you can drag them to a civil court or consumer court for remedy and relief.
You can move a petition for the same before RCS
Succession Certificate on the other hand is granted exclusively in respect of “debts and securities” such as Provident Fund, Bank Deposit, Insurance, shares etc to which the deceased was entitled to, as per section 370 read with Section 214 of the Indian Succession Act. The certificate nevertheless declares who the successors of the property are and the ratio in which they would get their shares, unlike many people think. The certificate is issued by the District Court or High Court – both have concurrent jurisdiction to hear and decide a petition. The certificate is issued on miscellaneous proceedings under section 141 of the CPC. The court follows summary trial in proceedings. The contesting parties cannot raise complex contentions in regard to the title of the property. When there are rival contentions, the contentions have to be settled by a suit in the civil court.
Anyone who has prima facie a beneficial interest can apply for the certificate. A petition for certificate should contain the relationship of petitioner with the deceased. The time, date, place of death details should also be mentioned in it and the death certificate and any other documents as the court may require should be attached. The petition should specify each debt and security in detail. The details of all heirs have to be included in the petition. The petition should be a signed and verified one by the plaintiff.
Housing society is idiot. SC dose not issue for immovable property and there is no use of court involvement. Just apply in written for transfer of ownership. Even non trasfer dose not affect your ownership.
Complain to society registrar for holding transfer.
Yes succession certificate is only require for transfer of movable assets and not immovable property.
You can send legal notice to society committee for transfer of property on basis of legal heirs certificate.
If they refuse to transfer the flat on name of legal heirs then you can lodge complaint against them with assistant registrar coop societies.
Thank you. I'm still unclear about the basic concepts. If you can help me understand, I'll be able to handle things further. As I (currently) understand: 1. Legal Heir certificate answers the question - - "Who are the legal heirs?" 2. Succession certificate answers the question - - "Who all are the true successors & what are the assets left behind?" Legal heirs may or may not be the true successors. Legal heirs may claim that the deceased died intestate but maybe the deceased left an unknown Will (fully or in part) in favour of a temple or charity or unknown person? Is this line of reasoning correct? If yes then: 1. Legal Heir certificate is necessary but insufficient for the purpose of establishment of rights of legal heirs on assets of the deceased intestate. 2. Succession certificate if awarded to legal heirs will be awarded only if the court is convinced that the deceased left behind no Will & there will be no contest if the assets are awarded to legal heirs. Please help me understand the concepts.
succession certificate is only for movable properties and has to be obtained from district court
legal heir certificate is for identifying legal heirs of deceased but is not issued for movable and immovable property
letters of administration is issued for movable and immovable property of deceased
1. Legal heirship certificate, if it includes all the names of the legal heirs or successors in interest then it can be considered as a substantial document to claim the right over the property left by the deceased who is reported to have died intestate.
2. The court will grant the succession certificate on the basis of the documentary evidences submitted by the petitioner and after hearing the respondent side also wit the arguments placed by both the parties in this regard.
Thank you all. Ajay, Can you give me a rough idea of the following? : 1. Where to apply for letters of admin? I am based in South Delhi. 2. What papers are to be submitted? 3. Does a LOA generate full establishment of rights for all legal heirs (collectively) , in order that movables & immovables can be taken possession of, formally by all legal heirs, collectively? Or any other supporting procedure is required? 4. Time & cost? How much to be paid to the govt (perhaps a percentage of current value of assets?) 5. Is a lawyer required for the purpose of carrying out the application procedure? And how to determine his charges?
Legal heirs are all children. Litigation will be very costly.
1) LA can be applied for where property is situated or where the deceased died intestate
2) you need to enclose death certificate of deceased and schedule containing details of movable and immovable property of deceased
3) it takes around 6 months if there is no contest by the legal heirs
4) court fees is state subject and varies from state to state
5) in Maharashtra court fees is maximum Rs 75000
6) legal fees vary depending upon lawyer engaged by you
1. If someone dies interstate before administration of estate is entrusted to someone or when no executor is appointed under the will of deceased or when executor is appointed but he refuses to act, then Letters of administration may be issued to entitle the administrator to all rights required for effective administration of the estate of deceased. An application is to be filed to a civil court of competent jurisdiction which will then appoint the Administrator to dispose off the debts.
2. How to apply for Letter of Administration
1-Application
a- Form for the grant of Letters of Administration is in Schedule VII of Indian Succession Act, 1925, contains the form for grant of Letters of Administration. This application can be made 14 days after the death. The court grants the letter to beneficiary on being satisfied and if no one applies it may be granted to the creditor of the deceased.
b- Will has to be duly executed and petitioner’s name must be there. Details like time of death, amounts of assets have to be mentioned.
3. See the above answer
4. Fee: According to Schedule II of The Court Fees Act, 1870, certain amount is levied as court fee for this process. Stamp Duty may vary from state to state. This process takes five to seven months.
5. If you are able to do it without a lawyer , you can proceed or can even take the guidance from a lawyer outside the court and appear as party in person before court to get the task completed.
Succession certificate is also for immovable assets but society can't compel the same as it is directed by SC in its judgement. Both legal heir and succession certificate are not different it decides the successors that is legal heirs.