Hello,
Succession certificate is not optional,you have to produce it to get the property and the money lying in the bank.
Hope this helps.
Regards
Is succession optional in Delhi/ NCR?
I am unclear whether succession is optional in Delhi/NCR for legal heirs. (On intestate demise of hindu deceased intestate, self acquired property and self acquired money) Is succession optional in Delhi/NCR in an intestate situation? If it is optional there must be a delhi high court or supreme court directive or circular stating the same clearly. A lot of people say succession is optional however on the delhi MCD website in their USER MANUAL it is specified that succession certificate be submitted for intestate situation. Link: https://mcdonline.nic.in/citizensdmc/static/e-MutationFiles/e-Mutation_UM_Citizen_v1.pdf What is required to be done for mutation? Please guide.
Asked 1 year ago in Property Law
Religion: Hindu
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8 Answers
Succession certificate is optional in Delhi
it is mandatory in Bombay ,Madras ,Calcutta
Apply for mutation of property
enclose death certificate of deceased
consent affidavit of other legal heirs
latest receipt of payment of property taxes
The succession certificate will be mandatory to succeed to the movable assets of the deceased person.
The successors in interest interest can succeed to the immovable estates of the deceased reported to have died intestate, by producing legal heirship certificate issued by revenue department .
I can't understand. Please explain again The document I attached to my original post is mcdonline User Manual for citizens for e mutation, written in Jan 2022 by delhi MCD. On page 26 it clearly asks for either a copy of Will or succession certificate for mutation. It has not specified anything except Will or succession certificate. It does not specify "legal heir certificate" or "surviving member certificate" at all for mutation. Nor does it specify family settlement deed for this purpose. Only succsssion certificate or Will. Please see the user manual page 26 & give me your advice. Thanks.
Asked 1 year ago
Website does mention you need copy of will or succession certificate
even if will is unregistered you can apply for mutation on basis of un registered will with consent of other legal heirs
3) 1. Death Certificate of the earlier owner
2. Copy of Will or Succession Certificate
3. Affidavit on Rs 10/- Stamp paper duly attested by a
notary ---Annexure "D"
4. Affidavit / No objection from another legal heir (s) /
co-assesses on Rs. 10/- Stamp Paper duly attested by Notary in case of "Unregistered Will" (Annexure- C); along with ID Proof ---Annexure "E"
5. In the case of Registered Will, an affidavit from the person on whom the title devolves; along with ID proof --- Annexure "G"
User Manual for e-Mutation in clear simple terms lists the documents required for e-Mutation, either a copy of Will or succession certificate for mutation. As your ancestor died without execution of will, you need to obtain succession certificate from district Court. After demise of ancestor, his properties immovable or movable acquires the character of ancestral property in the hands surviving legal heirs.
If you are convinced by the user manual which requires you to comply with the requirements as mentioned therein, then you may proceed with obtaining the succession certificate by filing a petition before the concerned court with the assistance of a local lawyer
A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act.
Yes it's not mandatory for Delhi
