• Regarding succession certificate

Sir mere papa ke 4 bhai hai aur 2 sister hai .
Mere tau ji unmarried the aur delhI MCD delhi ke karmchari the unhone registered will mere naam par ki hai aur apne office me bhi mera nomination kia hai. पर sir MCD OFFICE vale succession certificate mang rahe hai 
Please help me
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

Jab Will hai to SC ki kya jarurat aur nominee bhi ho. Legal notice bhejo. Agar nahi mene to court main case karo , to direct MCD to release fund.

SC ke liye apply karne ki jarurat nahi, useless court fees.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Yes. For releasing monetary benefits Succession certificate is compulsory. 

2. However in your case there is Will . Therefore apply for Probate of Will and not Succession certificate. 

3. Since your father is legal heir of your uncle he has also share unless Probate of Will is produced. 

4. So instead of Succession certificate apply for Probate. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Succession certificate is only for movable debts and securities 

 

2) for will you have to apply for probate of will . Enclose death certificate of deceased uncle 

 

3) if there is no contest you would get probate in 6 months 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

You have to file petition before the Judge for issue of Succession Certificate  on the basis of Will.  Notice will be issued to all concerned  and general public.  Evidences of all concerned  would be taken and after that Succession Certificate  will be issued on payment of Stamp duty @ 4% on the value  of  movable assets. It would  take at least 6 to 12 months to complete the process. 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

You don't need Succession certificate. On the basis of will you can get the transfer done in your name

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

- Chunke apke tau ji ne apke nam registered WILL kiya hai , to MCD office of succession certificate mangna galat hai.

- Iski jarurat tab thi jab koyi WILL nahi hota. 

- Aap ya to court me WILL ko probate kerne ke llye petition file kare , ya Succession certificate ke liye .Succession certificate bhi distrit judge issue kertan aur Probate bhi , Aur dono me Tau ji ki death certificate chahiye. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You can produce a legal heirship certificate obtained from the revenue department.

Succession certificate has to be obtained from court and it is a long process, which will take at least two to three years to get disposed.

Alternately you can get the Will probated through court of law after which the MCD cannot demand succession certificate.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

1. YES .... MCD is legally right in asking for "succession certificate" for your Uncle's properties.  This is to avoid any legal disputes or claims from any other Legal Heirs or third parties.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Agar WIIL tumhare naam hai to Succession certificate nahin PROBATE ke liye Delhi High Court mein apply karo aur PROBATE milne par property tumhsri ho jaayegi.

PROBATE KARO WIIL KA DELHI HIGH COURT MEIN.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If you apply in the court to get succession certificate for there should not be any objection take by any other legal heirs.

 Plus you can probate the WILL as well in the same court.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

1 succession certificate banwa lijiye. Uske baad will ke saath usko present kar dijiye. Usse aapka kaam aasaan ho jaayega.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

succession Certificate mangte hi hai... succession petition dalo ..approx 6 months m Certificate issue ho jayega

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Succession certificate ki zarurat nahi rahegi, behtar hoga aap will probate kare court ke through petition file karke, kisi bhi local advocate ko hire kare. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Aapko ek petition file krni pdegi succession certificate k liye court me. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to get the succession certificate made from SDM office. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Client

This is to inform you that,

  • When there is already a registered will on your name and your nomination is done then in that case you don’t need to have a Succession Certificate. The certificate is required when the person has died without leaving a will behind and to determine his legal heir, we file a case for Succession Certificate under Section 10 of the Hindu Succession Act.
  • Under Section 57 of the Indian Succession Act, the Will is required to be probated. It is always advisable to get the Will probated from a competent court and on the basis of such Letter of Probate the property should be transferred in order to avoid any future litigation.
  • Therefore, you are requested to probate the will and then request the MCD office for the same. However, if they still refuse to accept the same you can send them the legal Notice followed by Writ Petition under Article 226 against them.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

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