• Succession of property

My father recently passed away and we have found that his most of legal documents and ID's are in the name of xyz Singh Whereas in all of my certificates it's xyz prasad . so my question is what problem will i face during making succession of propertyand what is the solution for this.
Thanks in advance.
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

Use words "xyz Singh alias xyz Prasad".  Wherever required file an affidavit to the effect the xyz Singh and xyz Prasad is only one and the same person.  You may obtain the Death Certificate in the name of "xyz Singh alias xyz Prasad". 

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

What is your father real name .

 

apply for letters of administration from district court .

 

enclose schedule of property standing in his name 

 

enclose father death certificate 

it there is no contest you would get LA in 6 months 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

1. When applying for Succession of Property, mention as "xyz Singh alias xyz Prasad" and file appropriate affidavit declaring that both names are of same person. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You have change it otherwise No Succession certificate. 

You have to approach official Gazette office of Government of Bihar to effect the change in the name of your father.After corrections  you may proceed with Succession process of property. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hello,

  1. You will be required to produce some document like your birth certificate or educational certificate that explains the relationship between the two of you.
  2. The mismatch in the surname may raise n issue and you may require to make an affidavit stating that you are the son of the deceased Mr.Singh and why you happen to carry the surname Prasad.
  3. You need to approach the local authority like the Municipal  Council or the Tahsildar that issues the heirship certificate and they will guide you on steps you need to take.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

First of all obtain a legal heirship certificate to confirm the legal heirs of your deceased father.

After that you apply for transfer of revenue records from your father's name to his legal heirs name.

Then you can acquire the property at ease without worrying about such petty issues.

In case there arises any problem in connection with his different names in different places, you can follow the name change process as per law at that time.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Same person affidavit will suffice 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- If your father passed away intestate , the his property would be devolved upon his legal heirs .

- As per law, for getting property after the death of father , Legal heir certificate is needed and not succession certificate is mandatory.

- Hence , you should apply to get legal heir certificate , after submitting his death certificate and the proof of all legal heirs before the Tehsildar office. 

- Since, there is mistake in your fathers name , then you can submit an affidavit after declaring that both the names are same , and the name of one person only. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Apply for legal heir certificate than on the basis of it, all his assets will transfer in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You can go for the gazette notification of plain affidavit/deed poll for the same along with paper publication.

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

apply and obtain Legal heir certificate , on the  basis of legal heir certificate you can apply succession  . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Who are his surviving legal heirs?

2. To overcome the problem you may execute an affidavit to state that xyz Singhand xyz prasad is one and same person.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

You are suggested to prepare one affidavit saying that the said xyz singh and xyz prasad are the same and one person. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You should obtain his death certificate with both names mentioned as XYZ singh alias XYZ prasad.

2. Apply for succession certificate from civil court mentioning both names of your father for claiming his assets and apply for legal heir certificate from tehsildar of patna with alias names of your father. 

3. After obtaining both certificates you will not face any problem in claiming assets of your father. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

That is no problem. You may file an affidavit stating this issue. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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