• Can Succession certificate be amended in same financial year

Hi, The will was not made by parents. Both of them passed away in 2018. I have got Succession certificate made which was received to me last month, however I forgot to include couple of investments while filing the certificate. 

1. Fixed deposit
2. Investment in L&T finance

Is it possible for me to get the addition done in same certificate? If yes, what’s the fee I need to pay the court to amend the succession certificate. Please advise.
Asked 4 days ago in Property Law
Religion: Hindu

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11 Answers

1) 

Application and certificate to contain details of debts and securities. Extension and amendment of the certificate—The debts and securities in respect of which a certificate is applied for must be detailed at length in the application and also in the certificate and the certificate must be limited in terms to the debts and securities specified in the application and also in the certificate—[Section 372, sub-section (1), clause (f) and Section 374].

 

2) At the same time, the Court is empowered (by Section 376) to extend the certificate, on the application of the holder thereof to any debt or security not originally specified therein, and otherwise to amend the certificate (Section 378).

 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

You may not be permitted to modify the court order to include the fresh items after the disposal of the succession certificate case. 

You may have to file a fresh case if that is required to be furnished for the newly discovered assets. 

Te applicable court fee need to be paid. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

It is not known what your lawyer suggested but you may have to pay the applicable court fee  

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

You need file the amendment and again give notice to the parties for the same. Yes stamp duty will also be applicable

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

You ha e to pay additional court fees 

 

exact amount of court fees payable would be determined by HC registry 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

The certificate can be amended

If you have paid the maximum court fees of Rs 75k, then no need to pay any additional fees

If you have paid fees less than 75k, then you need to value all the assets, including the assets you wish to add in the amended certificate, and then as per the resultant value, the corresponding court fees have to be paid (minus the fees already paid)

Yusuf Rampurawala
Advocate, Mumbai
6251 Answers
52 Consultations

5.0 on 5.0

Dear Sir,

1.Sir the certificate can be amended before the original court which passed an order for such certificate. Under the Indian succession act section 378 gives provision for amendment of same. Make an application for amendment and include the rest of the share in the new certificate.

Thank You!

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

Hi, you can file a amendment petition to add the additional investment. For court fee and other things better you can contact local advocate.

Pradeep Bharathipura
Advocate, Bangalore
5050 Answers
277 Consultations

4.5 on 5.0

1. You can file an application for addition of the said assets and issuance of fresh succession certificate.

 

2. In one case in Kolkata, the Court has charged the fees afresh on the entire amount after giving me liberty to furnish a Court order where additional court fee has been charged.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

Unless you can submit a citation to the contrary, you might be asked to pay the stamp duty afresh

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

- Since the court has already issued succession certificates , then there is no provision to amend the same for changing the prayer and to include the left assets and items. 

- Now , you can file a fresh succession petition for the remaining left out fixed deposits and investment 

- You required to pay the additional court fee for the same. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

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