Succession certificate
4 months ago
Govt took over our house in Uttar Pradesh. The house was in name of my father & mother. We live in West Bengal, and my parent have passed away living with us in West Bengal.
Now govt. Is asking succession certificate for processing the compensation.
1)Can we obtain succession certificate from the district court in West Bengal.
2) I have three sisters , they want to relinquish their right over the compensation, hw to obtain succession in my single name.
A.Dear Client,
Section 371 of Indian Succession Act, 1925 prescribes that District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, at that time had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found, may grant a succession certificate. Section 372 of the Indian Succession Act, 1925 states that an application for a Succession Certificate should be made to the District Judge (A Judge of a Principal Civil Court of original jurisdiction) by a petition signed and verified by or on behalf of the applicant. As regards relinquishment of right in the property by your sisters, let the Succession Certificate is obtained from the Court to know the share of each legal heirs in he property, so that Deed of relinquishment in respect of their individual share in the property be made and registered under the Registration Act, Until and unless your sisters succeed their share in the property by virtue of law of succession, they cannot relinquish their right in the property in your favour.
Section 371 of Indian Succession Act, 1925 prescribes that District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, at that time had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found, may grant a succession certificate. Section 372 of the Indian Succession Act, 1925 states that an application for a Succession Certificate should be made to the District Judge (A Judge of a Principal Civil Court of original jurisdiction) by a petition signed and verified by or on behalf of the applicant. As regards relinquishment of right in the property by your sisters, let the Succession Certificate is obtained from the Court to know the share of each legal heirs in he property, so that Deed of relinquishment in respect of their individual share in the property be made and registered under the Registration Act, Until and unless your sisters succeed their share in the property by virtue of law of succession, they cannot relinquish their right in the property in your favour.
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A.Dear Client,
In the situation where the government has taken over your house in Uttar Pradesh and is requesting a succession certificate for processing compensation, here are some considerations:
1) Yes, you can obtain a succession certificate from the district court in West Bengal. Approach the district court where your deceased parents' property falls under jurisdiction. The succession certificate is typically issued to establish the legal heirs and their entitlement to the assets of the deceased.
2) To obtain the succession certificate in your single name, your sisters can execute a deed of relinquishment, formally renouncing their rights to the compensation. This deed should be drafted and executed with legal assistance to ensure it is valid and in accordance with the relevant laws. Subsequently, the succession certificate can be applied for, listing you as the sole successor.
It is advisable to consult with a local lawyer to guide you through the specific procedures and requirements applicable to succession certificates in West Bengal. They can assist you in preparing the necessary documents, including the deed of relinquishment, and help navigate the legal process to ensure a smooth transfer of rights and compensation.
Thankyou
In the situation where the government has taken over your house in Uttar Pradesh and is requesting a succession certificate for processing compensation, here are some considerations:
1) Yes, you can obtain a succession certificate from the district court in West Bengal. Approach the district court where your deceased parents' property falls under jurisdiction. The succession certificate is typically issued to establish the legal heirs and their entitlement to the assets of the deceased.
2) To obtain the succession certificate in your single name, your sisters can execute a deed of relinquishment, formally renouncing their rights to the compensation. This deed should be drafted and executed with legal assistance to ensure it is valid and in accordance with the relevant laws. Subsequently, the succession certificate can be applied for, listing you as the sole successor.
It is advisable to consult with a local lawyer to guide you through the specific procedures and requirements applicable to succession certificates in West Bengal. They can assist you in preparing the necessary documents, including the deed of relinquishment, and help navigate the legal process to ensure a smooth transfer of rights and compensation.
Thankyou
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A.Dear Sir,
Process for getting succession certificate simplified
in case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.
It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance ofdebts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.
Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.
Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death
Also a copy of the death certificate is required to be produced.
Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.
Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.
If the petition is not contested, the court usually issues a succession certificate in five to seven months.
==============================================================
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Process for getting succession certificate simplified
in case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.
It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance ofdebts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.
Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.
Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death
Also a copy of the death certificate is required to be produced.
Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.
Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.
If the petition is not contested, the court usually issues a succession certificate in five to seven months.
==============================================================
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
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