• Can any one of the legal heirs get succession certificate in their name

Sir/madam,
My Father Died Intestate Leaving My Mother , Me And My Elder Brother, I Have Got Legal heir Certificate
All The 3 Members Are Included. My Father Having Sum Amount In F.D.I Dont Know The FD Details .My Mother And Elder Brother Are hiding The Bank Details. Father Having A Property In His Name . I Want To Know Whether My Elder Brother Can Get Sucession Certificate Individualy Without My Knowledge . Whether He Can Claim The Bank Fd And He Can Change The Property In His Name. Kindly Give Your Valuable Sugestions
Asked 2 months ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

1. Any one of the legal heirs can obtain Succession Certificate in the names of all legal heirs.

2.  Without your knowledge, your brother can't obtain Succession Certificate, Bank FD, change the name in the property document.

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

Your brother cannot get a succession certificate excluding your name.

He has to pply for succession certificate through a court of law and he has to produce the details of the legal heirs of your deceased father.

He cannot suppress the fact of one more existing legal heir in the succession original petition.

The court will not entertain the petition without the complete list of legal heirs.

Similarly for transferring the property to your names, he has to produce the legal heirship certificate, since it is already containing your name as one of the legal heirs to yor deceased father, he cannot again exclude your name or get the property transferred without your knowledge or consent or without you relinquishing your rights in the property by executing a registered release deed. . 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

- As per law, after the death of your father intestate , his property would be devolved upon all the legal heirs 

- Further , as per Muslim Law, the right of inheritance of property comes only after the death of a person.

- Further, distribution of property can be made in two ways, firstly per capita or per strip distribution.

- Per – Capita distribution method is used in the Sunni law, and according to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. 

- Per strip distribution method is used in the Shia law, and according to this method, the property gets distributed among the heirs according to the strip they belong to, and hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch. 

- Further, there is no distinction between the right of men and women; each has right over the said property. 

- However, a female will get half of the male share. 

- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .

- Hence, out of your mother share , you both having equal share in the property & assets left by your father , and your brother cannot claimed more than about 44% share. 

- You brother cannot get the succession certificate from the court without your statement before the court 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Succession certificate is only for movable debts and securities 

 

2) for immovable property you need letters of administration from district court if father died intestate 

 

3) notice would be issued to all legal heirs 

 

4) brother cannot change FD , property in his own name without your consent 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Succession certificate will not be granted in favour of a single legal heir without the express consent of all the other legal heirs. If your deceased father had nominated  your brother, the bank would settle the FD proceeds in his favour. As you do not have the details of the FD, you are at a disadvantage. However, in order to protect your interests, write to the bank not to settle the proceeds of your father's FD to your brother. Again, in the case of intestate succession as in your case, your brother alone cannot sell the property standing in the name of your deceased father.

Swaminathan Neelakantan
Advocate, Coimbatore
870 Answers
17 Consultations

4.9 on 5.0

If he obtains concealing the members information it is fraudulent and can be questioned. 

Regards 

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2001 Answers
8 Consultations

4.9 on 5.0

A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. Usually, a succession certificate is the key in the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative.

Issuance of succession certificate does not give right of succession to the claimed property of a deceased person, because it does not determine the right, title and interest of the deceased person to a particular property or entire property. However, successor(s) of intestate deceased person is/are entitled to inherit the deceased person s property.

 

A succession certificate can't be issued to your brother without including your name. His claim over FD in bank could not be transferred without permission of all legal heirs.

Ajay N S
Advocate, Ernakulam
3931 Answers
83 Consultations

5.0 on 5.0

Dear Sir,

1. Only a legal heir can apply for a succession certificate. Other than legal heir no one has a chance to apply.

2. Any of the legal heirs can file for a succession certificate.

3. once the petition for the same has been presented before the judge, The court, after scrutinizing the petition, issues a notice to all concerned parties and also issues a notice in the newspaper and stipulates a time frame (usually one and a half months) within which anyone who has any kind of objections may raise them. If no one contests the notice and the court is contented, it passes an order to issue a succession certificate to the petitioner.

4. Hence in case of any problems, you can raise an objection and the rest is dependent on the discretion of the court.

Thank You!

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

Yes they can claim the same through court. The succession certificate will be issued to legitimate legal heirs

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Dear Sir,

Get file caveat in the Court. You may file applications before different banks and get know details of FDs standing in the name of your father.

=========================================================================

The meaning of caveat petition is as follows:

CAVEAT

Caveat: A Caveat is an entry made in the books of the offices  of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court not to take any step without notice being given to the party lodging the care at. It is very common in testamentary proceedings. It is a precautionary measure taken against the greater of probate or letters of administration, as the case may be, by the person lodging the caveat.  Section 148-A of the code of civil procedure  provides for lodging of a caveat.

  Object:  A caveat protects the caveator’s interest. The caveator is already ready to face  the suit or proceedings which is expected to be instituted by his opponent. Hence no ex-parte order shall be passed against the caveator. The caveat avoids multiplicity  of proceedings. Thus it saves the expenses costs and conveniences of the Courts.

  Examples:  A is owner of a house-site. He wants to construct a building He got the permission  from the Municipality. A started construction. Meanwhile, B the neighbourer  claimed some of the land of A and objected  the construction, on the pretext of some bias, immediately on the day of threatening itself. A filed a caveat against B in the competent civil court praying the Court to give him a notice before passing any interim order or relief in case if B files any application before the Court, so that  he could give the answer to the claim of B.

  Form:  No form is prescribed for the caveat. The caveator may file a caveat in the form an application or petition before the court submitting the cause of action giving the name and description of the opponent. The copy of the application shall be sent  to the opponent party in advance by Registered post Acknowledgement due, before filing it in the court.

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer