• Succession Certificate for share certificate

My father had a share certificate. I want to get the shares transferred to my mother DMAT Account as my father is no more.
Me and my elder sister are the only children. My sister lives in US.
The issuing authority has asked for the succession certificate from district court.
Please tell me how to get the succession certificate for the share certificate in my Mothers name.
What is the process and how much time does it take to get the certificate for court.
Asked 10 months ago in Property Law from Noida, Uttar Pradesh
Religion: Other
1) succession certificate wont take more than 6 months 

2) you have to file petition in the district court for issue of succession certificate 

3) enclose copy of your father death certificate 

4) mention shares in respect of which succession certificate is required

5) pay court fees depending upon the market value of shares

6) notice would be issued to all legal heirs.

7) if no objections received you would get the succession certificate of your deceased father  

Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hello,
1) You need to file a petition in the District court in the requisite format for obtaining Succession certificate. It involves a court fee.

2) It can take two to three months fit issuance of the certificate. Depending on the urgency you can seek to get it expedited though.

3) You need to engage a lawyer locally to assist you with the court procedure.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
You have to file a petition for grant of succession certificate in the district court. The documents required are the death certificate of your father and the marriage registration certificate of your mother. The court will order a newspaper publication and if nobody comes to oppose your case then the SC will be granted by the court. The entire process may take up to 6-8 months in the court. Engage a lawyer to begin the process.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1. You have to apply for it in local district delegate court.
2. Consent of your sister is required to get the certificate issued in one of your names.
3.It takes around 6-8 months of time to get it from court.
4.You would require help of a local lawyer to apply it.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
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Please tell me how to get the succession certificate for the share certificate in my Mothers name.
What is the process and how much time does it take to get the certificate for court.
You may apply for the succession certificate as per succession laws before the competent court of law within your jurisdiction.
Since your sister is residing in US, she will not be able to sign the papers for the case hence she may be made as a respondent in the case, let she receive the summons and remain absent, she will be set exparte and after paper publication to the objections from public the case shall be disposed within three months, if followed up properly through a skilled lawyer. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
You have to file a petition in the District Court, making all the legal heirs as petitioners and ALL CONCERNED & PUBLIC IN LARGE as the respondent along with all required documents including death certificate of your father.  You have to pay 5 to 6 % court fees on the value of the share certificate into the court.  The court will publish a PUBLIC NOTICE in two local newspapers calling for objections from any interested parties.  After one month, if there are no claims from anybody, it will grand succession certificate in favour of the legal heirs. 

Since your father is died, You, your sister and your mother can claim equal rights in share certificate.  If you want to transfer the share certificate only in the name of your mother, you and your sister should give NO OBJECTION  to the DEMAT account staff.  There will be a form specially meant for it.  

Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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prepare a family register from municipality then apply for varasat or succession certificate from sdm office. stamp duty is applicable on transfer of share [if value of shares is more than 50 thousand ], it is ad volerum [ according to value ] of share. contact a lawyer of your city.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. File an application for the succession certificate wherein the succesors will be mentioned,

2. After receiving the same register a relinquishment deed in favour of your mother relinquishing your and your sister's claim/riht on the shares of your father,

3. With the help of the above two certificates, your mother will be able to get the shares transferred in her name.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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