Table of Contents
Succession Certificate
- It establishes the authenticity of the heirs and give them the authority to inherit debts, securities and other assets that the deceased may have left behind.
- Where the Application has to be made ? The beneficiary has to approach the district or the high court within whose jurisdiction, i.e legal territory, the assets fall(where the properties of your deceased relative are situated ) and file a petition for a succession certificate. Both these courts have concurrent jurisdiction, i.e they are both at par. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as “pecuniary jurisdiction” of the court]
- The petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.
- The court, after examining the petition, issues a notice to all those concerned. It also issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner. If there is more than one petitioner, then the court may jointly grant them a certificate but it will not grant more than one certificate for a single asset. For this you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.
- Apart from lawyer’s fees, courts levy a fixed percentage of the value of the estate as a fee which may be upto 3% of the value of assets.
- How long should it take to obtain the Succession certificate from the court ? If the petition is not contested then the court should roughly take about 3-4 months (sometimes even 5-7) from date of filing to receive your certificate.
- Once you have the certificate, you are authenticated to distribute the assets to the legal heirs as per the succession laws. Most people think that if the succession certificate is obtained then the person is the rightful owner of the deceased person’s properties, which is not true. A succession certificate allows the person to act exactly similar to how a nominee would act. It gives the authority to the holder for distributing the deceased person’s assets.
- A Succession Certificate is not granted in cases where obtaining a Probate of Letter of Administration is necessary such as when there is a valid will.
Some technical terms related to Will
Probate of Will
Probate is a legal process in which the court certifies the authenticity of the will. It establishes the legal character of the Executor to implement the Will and to the validity of the Will. Probate can be granted only to the executor appointed by the will. The appointment may be expressed or implied. A Probate is necessary when
- Will or Codicil is that of Europeans, East Indians, Armenians, Jews, Indian Christians and Parsis.
- Case of Wills or Codicils of Hindus, Buddhists, Sikhs or Jains in Chennai, Kolkata and Mumbai or where they relate to immovable propertyin these places.
- Where a debt due to the estate of a Hindu is to be recovered.
- A Probate can be granted only after seven clear days from the date of death of the person who has made the Will.
- The cost of getting a probate includes legal fees as well as stamp duty on the value of the property being willed. The stamp duty varies from state to state.
How to obtain a probate of a will?
Quoting from Economic Times 9 Jan 2012
A probate is a copy of a will certified by a court of competent jurisdiction. It proves that it is the last and final will of the deceased penned on a particular date. A probate is granted with the court seal and has a copy of the will attached to it. An administrator or executor appointed under the will may not be able to administer its provisions without a probate. It may also be necessary when the deceased leaves behind securities with various nominees and there is a dispute on their division. The nominee can only hold the assets in trust till these are divided as indicated in the will after a probate has been obtained. In the absence of a will or nomination, succession laws come into play.
Application
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
Fees
The court may impose a percentage of assets as a fee to issue a probate. In Maharashtra, for example, a court fee of Rs 25 is payable for assets less than Rs 50,000; 4% for assets between Rs 50,000-2 lakh, and 7.5% for assets over Rs 2 lakh. There is a ceiling of RS 75,000.
Points to note
- Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will.
- If the executor is not available to administer the estate, an application must be made for appointing the same by the court before applying for probate.
- A probate is a must when the will is for immovable assets in Mumbai, Kolkata or Chennai.
Probate of a Will when granted, establishes the genuineness of Will from the death of the testator and renders valid all intermediate acts of the Executor as such.
What will be the legal consequences if the Will is not Probated?If the Will which is required to be probated, under the Act, if not probated, has no legal sanctity and binding force.
A probate differs from succession certificate. A probate is issued by the court, when a person dies testate i.e.having made a will and the executor or beneficiary applies to the court for grant of probate. In case a person has not made a will his legal heirs will have to apply to the court for grant of a succession certificate which will be given as per applicable laws of inheritance.
If there is no will or a Will does not name any executor then one needs to get be Letter of Administration
Letter of Administration
Letter of Administration is issued by a competent authority (court) and appoints the Administrator to dispose of the property of a person. It is required when :
- Testator has failed to appoint an executor under a Will OR
- Where the executor appointed under a Will refuses to act OR
- Where executor has died before or after proving the Will but before administration of the estate.
A Letter of Administration can be granted after 14 clear days from the date of death of an intestate.
- The time of the testator’s death
- That the writing annexed in his last will and testament
- That it was duly executed
- The amount of assets which are likely to come to the petitioner’s hands, and
- The petitioner is the executor named in the will
Proof Of Death
- If a person was killed in an action while serving in armed forces, the official notification may be produced in proof of death of the testator.
- Where there is an air crash or sunk ship on the high seas and there is no possibility of survival and a persons body is not recovered the court may take notice of the occurrence and be satisfied regarding the fact of death.
- Where a person disappears or is missing, such a person as per law is presumed to have died if he is not heard of for a period of seven years. Ref:Helpline.com
Q & A
From Hindu:I would like to know if it is mandatory for a registered will to be probated if it has been registered in a metro (delhi/new delhi ) with the sub-registrar. I heard from someone that if a will is registered with a sub – registrar in a metro/delhi/new delhi then it is not necessary and is accepted. Please advise.Gopesh Vasandani.
Our panellist R.L. Narayanan replies:“Probate” means proving a Will. It is granted to the executor named in the Will. A lot of factors may arise in the construction of a Will. The most important being whether the same is made voluntarily or whether there is any incapacity on the part of the person making the Will. Further, if the properties are situated in Kolkata, Chennai or Mumbai, in certain circumstances, probate or letters of administration, as the case may be, will be required. Certain other factors as to whether the same is the last Will and Testament, whether there is any other Will being propounded and many other matters have to be considered in deciding as to whether a Will needs to be probated or otherwise. This depends on the facts and circumstances of the case.
It might seem morbid discussing about things when we are no more. At a time of loss, loved ones are usually in deep turmoil and legalities can compound the turmoil. Please do the necessary paper work -use Survivorship mandate, Nominations, Will. It will help in getting YOUR money to THOSE you love when you are no more to help them out.
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Once Grant of letters of administration is obtained from Calcutta High Court and estate if deceased is settled, inventory & accounts are fiked, is there any final order granted by the High Court or is the letters of administration, a final order itself?
If I have an inheritance fund in UK, I stay in India, I have no money to pay administration stamp duty fees, is there any chance to get the funds transferred to me?
Can you advise what would be stamp Duty to be paid in court for issue of letter of administration for a Delhi situated Flat worth Rs.40,Lacs on receiving Petintioner allowed order by court
4% OF TE VALUE OF THE PROPERTY
hello,
i am applying for succession certificate in ban galore location , where my husband died.
While applying to court, the advocate asked me to bring all the original documents so that case would be filed before the judge and till the time it would be with the court. the advocate told me the process has changed now. why is this process?is that true? please guide me.
Hi,
I am from Assam
My father was a Public Helth Engineering Department contractor. He passed away on 19/01/2018.He is to get pending bill amount from Govt. Is Succession certificate necessary for payment of Govt. Outstanding bills?
Please check up with the department. But we don’t think it is necessary.
“A” purchased a property in 1936. “A” made a will to his grandson (not son) “B” and “C” in 1981. Now “A” died in 1983. Now one of the grandson “B” died in 2008 and he was unmarried. Now to whom property will be transferred?
It goes to C.
Was the Will registered?
Was the will executed?
After the death of the person, the Will is executed by the executor who has been appointed by the person making the will before his death. The legal beneficiary applies for the execution of the will after the death. Court also reserves the right of asking other relatives for their objection. In case there is no objection the will is executed or granted in favor of the beneficiary. This executed will is known as probate. The probate contains the seal of the court and the signature of the registrar certifying that a particular Will was proved, with a copy of the will annexed.
The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills.
Under Muslim law, male and female can make Will. Will by Pardanasin woman is also valid but stronger evidence is needed to prove the genuineness of the same.
The executor is the most important person in the Will. An executor has a duty to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will.
My mother in law has left a will ( registered with sub registrar in Delhi). Do I need to apply for probate in Delhi? Or I can apply to MCD for transfer property in my name. My mother in law has another son (alive) whom we fear will cause trouble and has is against giving NOC shud the need arise.
What shud be next step my understanding was that for a property and will registered in Delhi we need apply for probate hence no need to ask for NOC or file objections . Is this correct ?
Hi sir my dad’s elder brother died.he is unmarried. he had some fixed deposit and saving bank account in bank.and he made nominee to her sister son working at abroad not position to come to claim the money. Nominee is given general power of attorney to his elder sister to deal court matters. The deceased persons brothers and sister and nominees brother and sister appointed me to get succession certificate by court. I am the deceased persons brother son. I have already got succession certificate by court in my name to withdraw deposit from the bank and distribute it to legal heirs as well as nominees brother and sister but bank is delaying to release the money branch manager telling me that they need clarification by there legal officer and it’s almost one month over still they were not updating me . Please suggest.
My father passed away last November. Leaving a bungalow and me as sole nominee. I look after a mentally ill brother for whom he willed money in a trust to be managed by me. The small cash he had in banks is fast depleting. Ailing brother is an expensive facilty.
An advocate suggests I file fir letters of administration rather than probate as this will be quicker and allow assets to be sold quickly for his care. The executor is alive but has heart ailment. Will filing letters of administration allow faster resolution and sale of property.
There is a middle brother who has filed a frivolous law suit claiming will and nomination are false and that I will sell the property and run away with proceeds. Please advise as this is reaching critical stage.
Hi,
Probably the best blogpost I have ever read on this matter.
My dad passed away last month without leaving a will. I am the only son, (no sisters), my mother had passed away earlier. I have already applied for a survivor certificate at the tehsildar’s office.
So me (and my wife) are the only inheritors.
All bank accounts are joint (me and my father) , either or survivor basis so they are OK.
But we have a freehold DDA flat in my father’s name. If I want to transfer it into my name (for selling it in future)
(1) Do I need a letter of administration and (2) What if the cost; not legal cost, but cost in terms of tax- somebody mentioned 3% , in that case it is a huge amount? Somebody earlier mentioned that in Delhi it is capped at Rs 75000, is it true? Any advise would be tremendously helpful.
thus,the mutation of property in the favour of any legal heir by way of indemnity bond would actually transfer ownership title in the name of heir?
You Should have clarified part of states of India where probate of the will is necessary and areas where it is unnecessary to establish claims of the testator in a court of law based on ground of place of execution of the will.
1)Is a Deed of transfer necessary to be made by the Executor of a probated will in favor of the beneficiaries . 2) Can Mutation in Land and revenue record be done on the basis of the probate alone or a deed of transfer be required. 3) Can a Deed of Transfer be made by the Executor of the will in favour of the beneficiary prior to getting a probate from the court.
Ive applied for a letter of administration in the Bombay High Court. Is there a way I can check the progress on the same.
My uncle(Fathers Brother) died in Feb17 Inestate. He was 80 yrs old and Unmarried/Bachlore.He was residing in my family for last 12 years,We have taken his full care as if my father. He is having only one married sister alive.He is having certain investments in banks/fds etc,and a flat at mumbai suburban area which is under re-development. My question is can I contest for Succession Certificate when my aunt is alive. Can I get the property & Investments transfer in my name.What will be my status if I get the succession certificate whether as a owner or administrator. Please guide me in this matter, thanking you
Shall appreciate if someone can mail me d affidavit to be submitted to the high court for opening of a bank locker mentioned in the will..
I make Succession certificate from uttar pradesh.it is work in mumbai
Very quality article!
Nice post and information.
Thanks for the information
Great article
Probate & Letters of Administration require Rs 75000 as maximum court fee apart from Advocates in Bombay who charge Rs 1-1.5 lacs average in non-contested suit. Pls consult me if you are seeking to probate deceased’s Will or if deceased died intestate you may wish to apply for letters of administration. All matters under succession act are charged at nominal rates as low as Rs 50,000/- Pl s contact me if u need advocate.
Dear Sir,
pls provide Ur contact détails! I need to get probate of my late mothers will who died in mumbai. I live in canada need Ur services in This regard
thx for your query Aryan.. pls feel free to contact us on landline 022-22840223 in Mumbai or on mobile by dialing countrey code +91(0-992041 8826)
Dear Mr. Bhasin,
I would like to get connected with you to take advice on Letter of administration, in which all cases it can be obtained? Please share your number and office address.
Hi sir, can you please let me know that do we still need noc from the high court to sell the property if we are already having a letter of administration.
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I need some help, I want to buy a property in which one of the previous owner died but didn’t do deed do succession( came to know from inventory docs).he has a wife and 2 children’s. There after people brought the same property n selling…person who didn’t make deed of succession died some 50yrs ago.
Will there be any concequences if I buy that property now?
Hi,
My aunt who was not married died 2 years back, she left a will passing all her assets to my father, in order to get will probated what will be required from our side. All her assets were self built and not ancestral. Also, since she wasn’t married who all will be considered her Legal Heirs as per Hindu law?
They are total 4 (2 Brothers and 2 Sister) brothers and sisters and all have their families. One of her brother passed away 4 years back.
TIA
What will be the fees that we have to pay to get succession certificate by lawyer from court?
Please clarify
A registered Will for the death claims and for the appointment of his sister under compassionate ground to be probated
Hi,
My father had died in year 2012, with 5 active share holding accounts without nomination / will.
please advice most economic way to transfer the shares (most of the scripts are zero value, total portfolio value is around 5 lacs out of 4 different share holding accounts)
Awaiting your kind revert and format to follow.
My wife died around 1.5years back and in all the bank accounts there are no nominees. I have 2 minor child(10 years & 2 years respectively). I recently approached the banks for getting the money transferred in my account however there is no clarity coming from their side in terms of the documents and applications I need to submit to them. Sometime they say Indemnity Form is needed which needs to be Notarized and when I gave them that now there are some new person at the bank who says give us succession certificate too. When I pointed out that I am the only legal heir and both the child are minor which can be substantiated with the documents submitted they told me that they will speak to the lawyer and get back to me. But I am still awaiting an answer. It will be really helpful if you can guide me as to what needs to be done from my side so that I can bring this to a closure.
Easy way of getting payment other than by way of Succession Certificate?
A. Yes, if the account holder has died intestate i.e. without leaving a Will and he has also left no other property requiring obtention of Succession Certificate, the payment of balances lying with the Bank can be made on completion of simple formalities.
Q. What are these formalities ?
A. You are required to produce the following documents –
a) A copy of Death Certificate alongwith original (The original will be returned after verification).
b) Stamped affidavits duly sworn in by two independent and respectable persons well known to the Bank and to deceased person’s family but unconnected to it.
c) Stamped letter of indemnity duly sworn in by the claimant alongwith 2 sureties, each good for the amount involved.
d) Letter of disclaimer duly signed by all the legal heirs of the deceased other than the claimant.
A friend’s parents have died without a will. The son and 2 daughters (all adults) have obtained letter of administration from high court.Are they authorised to sell their parents property based on this letter?
A lady relative have executed a registered will in favour of her four relatives the lady was having account in four different bank and a locker in the bank, on the basis of that will by the suggestion of some lawyers filed the petition for succession certificate in the competent court but now some are saying that on the basis of succession certificate no locker can be opened except the grant of letter of administration. Now what should I do? I am from Varanasi, Uttar pradesh
As per Bombay High Court :- as locker is considered not considered as debt and security hence application needs to be filed is Letters of Administration you can amend it if you want format email me hope will solve all your queries, for amendment your presence is required or execute special power of Attorney for amendment
The property belongs to mother she passed away two legalar one son and daughter . The daughter wanted the property dived the son in not interested to split the property.In case if I get the succession certificate can I sell or take the possession of property please advice.
you will have to apply for letters of administration as immovable property and the same will be granted upon obtaining consent of all the legal heirs of deceased, you are entitle for 50% share in property
Dear sir my father age of 68 is missing from last 2 months so what next step my mother take for future pension withdrawn. Please send me details on my email.
Thank you.
in missing case presumption of death is for 7 years hence you will have to wait
My grandfather has made a last will in favor of myself.He had around 50 decimals land. He make a uncommon clause when he made that will- the clause is – I can’t inherit, possess, and probate until I become 30 years old.I was infant at that time. On another hand the two witness who attested that will died untimely. Now I am 28 years old but the another legal heirs of my grandfather sold 20 decimals land to another person. Is it legal? please give any suggestion what should I do now?
you can file application for Letters of Administration with Will annexed by another beneficiary for administering the estate of Deceased, with respect to witness you can file 3rd party affidavit for proving genuineness of will who too was present at the time of execution
Hi my loved one! I want to say that this article is amazing, great written and include almost all vital infos. I would like to see extra posts like this.
Hello,
My father in law passed away last year. He did a will and the question is really about his immovable property and “transfer” of those properties in name of my mother in law.
Some background to my query:
1. He had 4 properties. 2 in Navi Mumbai, 1 at flat at Ghaziabad UP and a plot in Jaipur
2. While the property in Jaipur is in his name alone, the property in mumbai and Ghaziabad is jointly held with his wife. In some his is the first owner, while in some its my mother inlaw.
3. We understand each transfer whether through probate or a transfer/gift deed entails stamp duty
4. It has also been mentioned that for jointly held properties each person has separate right to distribute it to his/her heirs
5. He has willed his wife as the legal heir and then also mentioned that in case she is not around then the property should be distributed amongst the children
6. After subsequent discussion and complication of legal formalities, the agreement within the family including my mother in law, was to distribute property to the children directly, without getting into multiple transfers and court appearances etc.
Queries:
1. Do we need to probate or are there simpler options available?
2. Do we have to file probate in 3 separate courts for each location or can we file at one location and does it matter which location it is?
2. Even though the will is there and in that will he has willed everything to his wife, can we instead change the distribution pattern so that the property is directly transferred to his children, obviously with everybody’s consent? Does that save the trouble of repeated petitions at court and also repeated payment of stamp duties?
Pls advise.
Thanks
Abhi
Did you try to contact a lawyer?
We shall try to get answer for this from our CA.
Yes we did both in Mumbai and in Delhi….its very difficult to get a clear answer from anybody… worst part is nobody wants to take time to explain.
how much is court fee in Uttar Pradesh for the succession certificate for bank locker. is it true that their is no maximum caping in terms of rupees.
This is astonishing
Sir
whether witness is a must on claim application form if a nominee claim the amount from the bank is holding a savings bank account for many years in the same branch and submit adhar/voterID/pancard/driving license
hello sir/madam,
my father has expired in sep 14 in delhi without any will and he has a land in uttar pradesh over which there is a court case with his brothers/sisters. Now only me and my sister are my father’s heir so how can we become his legal heirs. Also please guide the procedures for getting transfer property which is in the name of my father to mine name. Is there any maximum time frame by which it is necessary to get properties transferred.
Hello
My father is missing from last 2 years.
My mother has 2011 power of attorney in her name.
Can she transfer a flat which is mention in power of attorney in to her name?
My father is missing so he can’t be considered as dead so can we use power of?
Regards
you can not transfer the the flat at present, the power of attorney is in force when a person is alive and after his death or missing , the contents of the power of attorney become null and void.
since your father is missing from 2 years, you have to file a criminal proceeding and wait for certain period for filing the report of the police or else you have to wait for 7 years so that the missing factor your father shall be treated as dead.
Hi,
On of my friend is planning to buy a flat in Mumbai. The flat was in the name of a father. He had made a will that after his death that flat should be given to her married daughter. Married daughter obtained a probate of will from the court through the probate procrss. Now the flat is in the name of married daughter.
What all documents should my friend put in agreement for sale so that in future if he wants to sell the flat to somebody else he should not face any problem.
Please list down all the documents.
Thanks. Aporeciate your help in advance!
All the previous documents…
1. The agreement from whom father had purchased the said flat.
2. Will made by father
3. Probate issued date
The above are the most important details to b incorporated into the sale agreement
Hi dear
My father expired on 20.04.2015 and my mother has already expired on 31.01.2011.MY FATHER had a postal Lic of sum assured rs 1 lakh in Bihar in which total expected amount is 2.5 lakhs.nominee of this Plic was my mother who has already expired. We are only two brother, legal heirs…plz let me know whether a succession is a must or elsewise guide me..
Also he had 3 Lic of 6 lakh rs in which without succesiion , they have granted the money on basis of annexure 1 I.e. power of attorney from my brother…and a form of annexure in which there was mentioned to grant money without requiring succession in which 3000 rs stamp was attested.
Also to mention that there is no will left by my father
Plz guide
My father-in-law, a Hindu, died a few months before my wedding. I am not sure if he had left a will. My mother-in-law died a few months after my wedding (both died in late 90s). Both of them had multiple bank accounts, joint holders being my husband or his siblings. I think the money part of their estate was settled using the either or facility or survivorship. But their other properties like land and house / apartments were not settled as also shares in companies. Over the course of the last few years, my husband has registered house / apartment in the names of his sisters. But the land and shares have not been settled clearly. Some of them continue to be in my mother-in-law’s name (land) and some of the shares have been transferred randomly. My husband manages all his sibling’s affairs. He continues to have joint accounts with his siblings and has his personal demat accounts attached to these joint accounts. Over the last fifteen years I feel the distinction between my in-laws’ property and my husband’s earnings have blurred. My husband’s earnings are many times more than the property left by my in-laws. How can I force a division of the properties and protect my husband’s earnings? Can I approach a court and file a petition asking my husband and his siblings to arrive at a family arrangement? Please advice. Thanks.
Sir,
my mother died this year 6 months back leaving an unregistered will in my name giving all her property to me .She lived with me for the last few years. My elder brother lived outside India and did have minimal to no ties with us.I have applied for probate and the court is granting me probate based on the will, next year.
1. What is the time period within which the probate needs to be used after the court has granted it to me?
2. What is the time period after which the probate cannot be challenged?
Regards,
S Kar
1. 6 months
2. Probate can be challenged if you have not obtained consent from your brother
My brother has registered a will that his sister is his successor of his house.In case
She dies the house will be claimed by her husband.Unfortunately my brother and his wife
Lived together for a few years,but they were not divorced.Now my sister and my brother have expired.Now I want to know who will own the house and under what reasons?
I wish to know the procedure for obtaining probate of an unregistered will. The legal heirs are all abroad. Property has been willed to the sisters children. Are the legal heirs required to be present at the time of hearing or only a no objection duly attested in their country is sufficient. Are the witnesses to the will required to be present?
The matter of court fee seems to be unclear. In Delhi is there a limit of Rs.75,000/- The present market value based on circle rate value might be app. Rs.30 crores. Based on calculations above, the stamp duty for obtaining probate will be app. 25 lakhs or more.
Shall appreciate your reply to the queries.
Thanks in advance
Probate of will is not mandatory in delhi. probate for a will is required to be obtained only under circumstances mentioned in Section 213 of Indian Succession Act, 1925.
Irrespective of the fact if the will is registered or unregistered, the procedure is same.
The probate proceedings may be instituted either in the court of District Judge or in the High Court.
probate is required only under following circumstances :
(i) All wills of Hindus etc made on and after 1 September 1870, within the provinces of Bengal, Bihar, Orissa and Assam and within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras and Bombay.
(ii) All such wills made outside the territories mentioned in (i) above relating to immovable properties situate within the said territories must also be proved and probate thereof obtained, before any right as executor or legatee can be established.
(iii) Wills other than those in categories (i) and (ii) above made before 1 January 1927, i. e to say, such wills made outside the territories mentioned in (i) above, relating to movable property situate inside or outside the said territories or immovable property situate outside the said territories are not required to be proved or probated [see s 213 (2), infra].
(vi) Where a will is not executed within the territories mentioned in para (i) or the will does not relate to property situate within the territories mentioned in para (ii), sub-s (1) of s 213 is not attracted.
Best to contact a local lawyer
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Hello – i need help on the following state of affairs.
My father passed away and his 2 bank accounts in Punjab did not have nominations (Nawanshahr bank and state bank of Patiala).
My mother is still alive, and I have 2 sisters. The Banks will not transfer the money into my mother’s account.
Also my late father has a signed & notarised Will, which states that all his estate and money should go to me after his death. But the Banks are not accepting this and will not transfer me the money.
The Banks have stated that we need to complete separate application forms, and have power of attorneys from all siblings, and then submit to the Bank’s head office for processing. They stated this can take several months and even years for the money to be released.
Please can you advise on what best action to take to release the money in my late father’s bank accounts as quickly as possible?
My husband died years ago without leaving a will.
I am wanting to file a succession certificate, and I have the death certificate and id proof. But I’m lacking an addhaar, voter ID and passport (gone for renewal) and I don’t know what other address proof I could use.
PAN card is sufficient
I want to know how to contest the application of succession certificate?
In case of non availability of a will, can your sibling file a request to the court for a succession certificate without your name as a legal heir?
Where can I find the court newspaper notices for succession certificate?
Is there any way by which I can know whether a petition is filed in the court for obtaining a succession certificate
Hello sir pls help.
My phupha and phupi are died. They have 5daughters.all are married.how to claim 2.5 lakh MIS in post office.no nominee are available.which doc. Are required
Excellent material. Quite helpful in understanding the difference between probate and letter of administration….Thank you…..Deeply obliged with posting such a body of work
Deeply obliged for posting such a comment
I have applied for a succession certificate. Do I have to pay the court fees even for Insurance Claims ??
My brother died intestate he was single and unmarried and there was no nominee in the Insurance.
Check with the insurance company what documents they need. . As written in our article typically How to Claim Life Insurance .
The insurance company may require the death certificate, policy document, deeds of assignments/ re- assignments, if any, legal evidence of title, if the policy is not assigned or nominated, medical attendant’s certificate and other documents as applicable.
We had a flat in my father in law’s name, though me and my husband have paid for it. My father in law expired in 1998 and had made a will in my mother in law’s name, however my brother in law managed to add his name in the property as coapplicant. When we came to know about it, my husband got a succession certificate and registered mother and two siblings that is brother in law and sister in law’s name in the corporation. Then my mother in law expired leaving a will for her share in my daughter in law’s name, so now we are unsure what is our share
Hi,
As per SEBI’s guideline, we need probate of will to transfer the shares valued 3,00,000+ on basis of will. But in Delhi the probate of will is not required.
Share transfer agent Karvy is not ready to transfer the shares without probate. How to get transferred these shares. Please guide.
owner of A land with a house there on died intestate. A legal heirship certificate was obtained in the name of widow and 3 siblings (one son and two daughters).The house was demolished with the concent of all as it was more than 4 decades old.The widow executed a settlement deed in favour of her grand son (borne to one of her daughters as the other two siblings have no male issues) as per the wish of her deceased husband.Now when the property is about to be redeveloped one of the siblings is not cooperating.
The issues in which guidance is sought are
a) Whether widow’s action of giving her share to her grand son by settlemnet deed is in order or does it suffer from any legal infirmity.
b) Having agreed for demolition earlier (thru a written deed) can a sibling now prevent others from redevelopment of the property.
c) If the agitated sibling is not cooperating what is the remedy left to others for going ahead with redevelopment of the property.What preautions are to be taken by them so that their action is not challenged by the non cooperative sibling?
Hi, My mother has died five months ago leaving one will signed by herself. She has appointed me as executor for the movable and immovable properties in Kolkata. We are hindu. I have one elder brother without ties to the family since last twenty years. Now I want to get probate of this will. Is it possible and how? Please guide me.
The house belong to my grandfather and he is experied , the nominee to the house are my aunty, my mother and myself.
I am staying with my mother in the same house and paying the rent and I do not have the house document with me, due to some problem with my aunty and she is having the house document. Aunty is staying separately in different house with her husband and so can i claim the transfer the house in my name.
Hello Sir,
Has your grandfather left a will? If not Which religion did he belong to.
Reason being property rules are governed by Hindu/Muslim acts.
Thanks,
Hello ,
my elder brother died intestate recently(feb 2015). he is having two daughters (1 from divorcee wife).his current wife had left the home after his death leaving both her daughters with us.(grand father and grand motherof both are alive).now we are paying all the
school fees tution fees of both daughters.
My brother is having 6 bigha agriculture land(land was purchased) and 2 trucks on his name. now problem is
my bhabhi had refused to sign on transfer papers of trucks. kindly let me know
(1) what are the rights of both daughters of my brother on his trucks?what are the rights of my bhabhi on his trucks?
(2) do my mother had also any right on trucks or not?
(3) can we sell trucks without my bhabhi’s signature(as she had refused to sign)and deposit my bhabhi’s share in court? if yes plz mention the procedure and how long would it take ?
(4) if trucks are sold, in which ratio the amount would be shared among bhabhi,2 daughters and mother?
(5) can we get trucks transfer on my brother’s elder daughter’s name?( her dob is 25.06.1998). what is the procedure?
(6) most important what we can do if my bahbhi wont sign on transfer/sell papers of trucks?
(7) our rto agent told tht we had to pay the taxes essentially? are we legally bound to pay the taxes?
Kindly reply.
Regards.
Sad to hear about your brothers death. Please accept our condolences.
Assuming your brother was Hindu, his mother, two daughters have a share. Share portion of the wife will be divided equally between two wives.
Detailed ans is given below. We request you to ask some lawyer. Ref: Vakil no 1
When a Hindu male dies intestate his property devolves around his legal heirs. Section 10 of the Hindu Succession Act,1956 gives in detail the list of Class I heirs who are go be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 of this Section provides for a share each for the surviving sons and daughters and the mother of the deceased.
Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
Suppose A, a Hindu, dying intestate at the time of his death is survived by two windows and a son. A was the owner of one house. Now as per the rule, heirs in Class I shall take the property simultaneously and to the exclusion of all others. And in the above case all are Class I heirs. But two of them are widows of A. Therefore, as per the provisions of Rule 1 of section 10, both the widows of A shall take one-half share in the house of A and the other half shall go to A’s son. Hence the property of A by virtue of the above rule would be divided in only two parts and not three as all the widows together are entitled to only one part by virtue of Rule 1 of section 10. However, among themselves, both the widows shall inherit equally and one-half of the portion of A’s house that they are entitled to shall be divided equally among them. Therefore share of A’s son in A’s house upon A’s death shall be one-half while the share of each widow of A shall be one-fourth.
a Hindu male dies intestate and is survived by his mother, two widows, two sons and two daughters. Now reading both Rule 1 and Rule 2 together, it becomes clear that the property of A shall be divided in 6 parts. Each daughter shall inherit one part. So shall each son. There being two sons and two daughters surviving A, each shall inherit one part. Hence, four parts of the property shall be distributed among A‘s four sons and daughters. Of the remaining two parts, A’s mother alone shall be entitled to one part and by virtue of Rule 1, both the widows of A shall be together entitled to one part.
Hi,
Last year my father suddenly died on Diwali in Pune, Maharashtra. Death certificate was issued from Pune but my father’s permanent resident is shahjahanpur(UP). Now my family is trying to issue succession certificate from local lekhpal. But he is refusing to issue the certificate & saying death certificate should be issued from UP state not other state.
Kindly suggest. Confirmation answer highly appreciated.
Regards.
Sad to hear about your father Vaibhav. These officials make it so difficult at such times.
Birth/Death can be registered at the place of occurrence only.
All births/deaths that have occurred either in a home or a hospital otherwise shall be reported within 21 days of their occurrence to the concerned Registrar/Sub Registrar in whose jurisdiction the event has occurred. Ref
My friends mom passed away. She has left a will signed by herself, both daughters. She has only 1 property in her name. The possession of the flat is not done yet by the builder as under construction.
MOM is Ist owner and daughter joint owner. What is the way forward, what has to be done? Builder is asking for succession certificate or WILL, not sure if with probate or Deed of administration is fine, please guide
Hi
My mother passed away leaving a registered will for her property in my favour and my father was one of the witnesses. While my brother who is abroad without ties to the family was exparte to the order and the will has been probated. My question is can my brother or his heirs contest the will at a later date after the probate/ letter of adminstration has been granted in my favour.
thanks
Probate is a legal process in which the court certifies the authenticity of the will. How long has it been since the will was probated?
But in a court anything can be challenged.
As there was no objection during the probate proceedings,I do not see such an endeavor now will succeed.But you cannot prevent the said person from filing a suit for claiming the share. You can defend the suit in the court ones it is filed. I feel you have a winning case at hand but you can check with a lawyer .
There is a plot for which the will is not made. There are seven siblings. One of them is not ready to sign for succession certificate. The other six are ready to make seven shares. Can we still go ahead to make the succession.
A succession certificate establishes who the legal heirs of the deceased are and gives them the authority to inherit debts, securities and any other assets. The beneficiaries can file a petition for a succession certificate in a district or high court as the two have concurrent jurisdiction. The petition usually mentions the relation of the petitioner with the deceased, details of other surviving legal heirs, the time, date and place of death of the deceased and the fact that the deceased died intestate. The court, after examining the petition, issues a notice to all the respondents. It also issues notice in a newspaper and specifies a time frame (usually one and a half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied then it passes an order to issue a succession certificate to the petitioner. “If there are more than one petitioners, then the court may jointly grant them a certificate, but it will not grant more than one certificate for a single asset,
Please reply to the question that if any one dependent disputes did not agree with the terms of succession what would be the consequences.
I have a question. My mother died last year. She had made a will and had the will registered in a Sub-Registrar’s office. She has appointed one of the children as the trustee to divide the estate per her will. She has some stocks which have been dematted and are in a demat account with a depository in Karnataka. The demat depository want transfer the stocks until we produce a succession certificate. Since all of us siblings are all scattered and stay at various places what is your recommendation/suggestion as to how we should proceed? Thanking you in anticipation.
Harish
Thanks Harish for asking the question. If you could provide details like : Did she nominate in her Demat Account?
If the amount in demat significant(less or more than a lakh) and with whom she has a demat account we would be able to provide better answer. I suggest please go through the Frequently asked question on Demat at Sebi website.
Please keep us updated on steps so that other readers can benefit.
Well my lawyer in uttar pradesh say that their is no celling of rs.75000 in uttar pradesh. For example you have a estate worth 30 lakhs then you have to pay court fees by 8.75% of 30 lakhs (i.e :- some 2.5 lakhs rupees ).
Can you please confirm this or do I need to consult another lawyer if I am wrong.
We do not have legal background so would recommend you to go with what lawyer said or get the second opinion. 2.5 lakh seems a BIG amount.
On lawyersindia forum we found following info:
condition (h) dictates when such amount or value exceeds 5 lakhs rupees,on five lakhs rupees the fee payable under (g) And on the remainder eight and three-fourth percentum.
In (g) it is eight and one forth percentum.
Hence 29 -5=24
on 5l at 8.25%,and
on remainder 24l at 8.75%
Googling showed that this question has been asked at yahoo</a , ibibo and lawyersclubindia etc. Sadly we will not be able to provide more information.
But do let us know if you find something more about it.
Yes, confirmed it.
Its as you say
condition (h) dictates when such amount or value exceeds 5 lakhs rupees,on five lakhs rupees the fee payable under (g) And on the remainder eight and three-fourth percentum.
In (g) it is eight and one forth percentum.
Hence 29 -5=24
on 5l at 8.25%,and
on remainder 24l at 8.75%
But the question is why only in uttar pradesh. So far I have checked many different states like Delhi, Mumbai, Punjab, Haryana all have court similar court fees of 3% and a maximum ceiling of Rs 75000
Thanks for getting back. Why in Uttar Pradesh is a good question but sadly we don’t have the answer. Shall update if we find the answer
what is the court fees for getting succession certificate for opening of the bank locker in Uttar Pradesh. is it true that till date there is no maximum cap limit.
Hi Kirti,
You are doing awesome work on your blog – keep rocking.
Thanks a lot Hemant. Lots have been learnt from you!
Quite informative, Thanks for sharing. Revised few of the concepts I forgot…
Thanks Saru for the comment. Glad to know that you liked it.
My husband died seven and a half years back and the flat was registered in all the 3 names, husband, daughter and myself. I have only one child and in this case we all were joint owners. two and a half years back the society was formed and now they have issued the share certificates.They are asking me for a succession certificate. But my daughter and I are already the registered owner for this property. Please let me know if Succession certificate is required or I can do with some affadavit or what other course of action can I take to solve this issue.