Succession Certificate vs Probate
Our grandfather expired two years back leaving a Will behind. My father and uncle were executors. So filed petition for Probating the Will in Madras High court. Citing the reason majority of the properties are in Sivaganga district, we were advised to file the petition in Sivaganga District court and therefore we were told only Succession Certificate can be granted by District court. We are now in the receipt of Succession certificate order after 2 years.
We have one of our property in Malaysia which is in legal contention. This property is stated in The Will however is not stated in Succession Certificate for jurisdiction reasons. Besides, all the legal heirs have given consent to the executors to proceed as per the Will. Regardless of this, the Malaysian Advocate is insisting to have a Probate of the Will or Probate of the Succession Certificate from Madras High Court as that is the acceptable legal document for Malaysia for obtaining a resealing order.
Now since 2 years passed and legal matter with Malaysia is pending for long time, we are running out of time on various perspectives. So requesting your advise if there is a way to obtain Probate on the Succession Certificate issued by District court. Or how Succession Certificate can itself be made a legal document in Malaysia for consideration. And what other provisions can be taken into consideration. Any advise in this regard is highly appreciated.
Asked in Civil Law from Chennai, Tamil Nadu
1) since will executed by testator mentions details of various immoveable properties including property situated at malaysia you would need probate of will
2)since there is no dispute among legal heirs you can obtain probate of will within period of 6 months .
3)succession certificate merely authorizes successor(s) to realize debts and securities of the deceased person.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
1. Ask your Malayasian Advocate to send you the Act and the reelevant sections which says that " a Probate of the Will or Probate of the Succession Certificate from Madras High Court is the acceptable legal document for Malaysia for obtaining a resealing order",.
2. Once you get the same file an application before the Madras High Court praying for the said probate,
3. It will also make it clear whether the Malayasian Advocate is write in his observation or not.
1)A reading of Sections 370 and 372 of the Indian Succession ACT particularly, Clause (f) of Sub-section (1) of Section 372 of the Act, will show that a succession certificate can be applied for only in respect of debts and securities. The expression "Debt" has not been defined under the Act. The said expression has not been defined under the General Clauses Act as well. If so, one has to go by the ordinary meaning of the said expression. A debt means any pecuniary liability whether payable in presenti or in future to another in return for money, services, goods or any other obligation
2) it is in your interest to apply for probate of will at the earliest
A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realize the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts.
`Probate Order' herein means copy of a Will certified by Court of competent jurisdiction, which is to be treated as a direct evidence of the authenticity of a will thereby granting administration to the asset. Thus we suggest you to to file an application under Section 276(1) of Indian Succession Act 1925 for seeking Probate orders. Since there is no dispute among the legal heir you will get probate order within 6-8 months.
Further, as suggest by Mr, Ganguly, you must ask your Malaysian lawyer to provide relevant provisions which states that " a Probate of the Will or Probate of the Succession Certificate from Madras High Court is the acceptable legal document for Malaysia for obtaining a resealing order",.
Advocate, New Delhi
File petition in chennai civil court for getting probate of will, which is must for you to solve the issue of all the properties stated in said will.
Advocate, New Delhi
You can file a petition for probating the will in the district court and send notice to other heirs if they say no counter the will will be probated.you can file petition for granting succession certificate in the district court
1. The basic rule is that a court cannot grant succession certificate in respect of properties which are outside its jurisdiction. No legal infirmity can be found in the order of Sivaganga District Court in so far as it does not cover the property in Malaysia.
2. I will go along with the opinion of Mr.Ganguly on this. If your Malaysian lawyer has advised you to obtain a succession certificate or a probate of succession certificate from the Madras High Court then he must have so advised you on some basis. As such, you should request your Malaysian lawyer to send you a copy of the particular Malaysian law which makes the succession certificate or probate of succession certificate issued by Madras High Court a legally acceptable document for the purpose of resealing the property in Malaysia.
3. Once your receive a copy of the relevant Malaysian law you can apply to Madras High Court for succession certificate or probate thereof.