• Does one need to to pay court fees for getting a succession certificate

1) Can ( publicly traded ) shares of a deceased person be transferred to the Estate Trust account of the deceased directly without the need to pay Court fees ?

2) what are the Court fees to obtain a Succession Certificate in Tamilnadu and Gujarat ?
Asked 9 months ago in Family Law
Religion: Hindu

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10 Answers

Respected sir/mam•••

  1. For that you must have to obtain  succession certification from court and seek permission from court to transfer that amount to the Estate  trust account of deceased 
  2. in that fee of succession certification in only a minimal  but for that you have to hire a lawyer to plead your case and it depends on him that how much will he charge 

Thank you 

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

If the estate trust account is the nominee to the deceased person, then the shares can be transferred to it based on the nomination details available in the records. 

 

Ad Valorem Fees as applicable in TAMIL NADU (As per Schedule-I of Tamil Nadu Court-fees
and Suits Valuation Act, 1955):

Certificate under the Indian Succession Act, 1925 --

Where the amount or value of the debt or security or the aggregate amount or value of the debts and
securities specified in the certificate extends up to rupees five thousand.  :Two per centum on such amount or value

 

Where such amount or value exceeds five thousand rupees :  Three per centum on such amount or value.

 

(1) Where a certificate is extended under Section 376 of Indian Succession
Act, 1925, fee shall be computed on the amount for which a certificate is sought to
be extended and the amount for which a certificate or certificates has or have
already been issued, credit being given for the fee already paid. (2) The amount of
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. (3)
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.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

The court fee as per Gujarat court fee act, 2004:

Certificate under Part X of the Succession Act, 1925.:

The fee leviable in the case of a probate (Article 10) on the amount or value of any debt or security specified in the certificate under section 374 of the Act, and one and a half times this fee on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act.

 

 

Certificate under Bombay Regulation VIII of 1827 or under any corresponding law in force.:

The fee leviable in the case of a probate (Article 10) on the amount or  value of the property in respect of which the
certificate is granted.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 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 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Tamil Naduhas increased it to flat 3% on the market value of the asset mentioned.

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

In Madras High Court, to obtain succession certificate court fee is 3% on the market value of the shares amount

Selva Perumal
Advocate, Chennai
320 Answers
36 Consultations

4.9 on 5.0

- Generally for getting succession certificate, three percentage of total value of the property/assets charged, which is required to submit before the court after getting order of succession certificate. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

1. Shares can be transferred only if he has made a nomination. In the absence of nomination, the beneficiary/legal heirs will require a succession certificate to realise the assets.

2. Court fee has to be ad-valorem on the basis of value of assets claimed in the petition for grant of Succession Certificate.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Yes court fees are required. It's has maximum capacity of 75000/- for any higher value of property. For lesser property it varies state wise

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

2.5% to 3% of the value of the property for which the succession certificate is required.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
6084 Answers
287 Consultations

4.9 on 5.0

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