How to get Succession Certificate

2 years ago

I pledged my parents property document (property registered with both parents name) and availed Mortgage Loan from Bank in 2016. The Loan is sanction on my name and i continued to pay EMI from My Bank account and got closed now.
Now my both parents are not available they expired. I produced 1. Family Tree certificate obtained by District Tahashildar 2. Affidavit from Notary 3. Parents Aadhaar card and Death certificate 4. My and brother's Aadhaar card to get release of property document.
Bank is asking me to produce Legal Heir Certificate or Succession Certificate then only my original property documents will be released. As in Karnataka Legal heir certificate is issued only to government employees not other public. Succession certificate is issued to movable property only.
Now i am unable to get my documents from Bank. Kindly suggest me whether i could get succession certificate, if yes how to approach and to whom

Regards/Lakshman

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Anik

Responded 2 years ago

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A.Hi,
In Karnataka, a legal heir certificate is issued only to the kin of deceased government servants. In order to apply for Legal heir certificate in Karnataka, the applicant has to go to the respective Taluk, Nadakacheri office in whose jurisdiction the candidate usually resides. Except the kin of deceased government servants, everyone else has to obtain a succession certificate through their jurisdictional civil court.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.In Karnataka, a legal heir certificate is now only issued to the kin of deceased govt servants. Everyone else has to obtain a Succession Certificate through their jurisdictional Civil Court. It requires filing a suit before the competent Court of Law applying for this Succession Certificate.

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Abhimanyu Shandilya

Responded 2 years ago

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A.Are you sure that Legal heirs certificate is issued only to the government employees as that will be wrong. When you want to apply for succession certificate then legal heir certificate issues by the Tahsildar will be required to file the application in court.
I guess something is wrong here.
I would suggest that you get in touch with our partner lawyer from Bangalore and get this sorted out.

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