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How to get a succession certificate for property
10-Apr-2023 (In Family Law)
My mother passed away & has left a will declaring her legal heir as me & my sister(for both movable & immovable properties;acquired & to be acquired).Our father got separated from us after an extramarital affair.Not sure if they're officially married now.He was in touch with our family throughout this time though he never stayed with us.This state of affairs has continued for atleast 15 yrs.According to the Registered Will we had applied disbursements from my mother's office but they have told us that our father is also legal heir since my parents were not officially divorced, in spite of the will.And that we might have to contest this in court.Are there any chances that court could rule this our father's favour?(this is confirmed that he now has a child with this lady).Query is only regarding movable property & office benefits(eg pension).We've been advised to get a succession certificate but we are not sure whether our father will agree to our claim. Any alternatives?Hindu Religion.
Greetings! Had your mother passed away without making any WILL, the property would devolved as per section 15 of the Hindu Succession Act,1956 and the heirs would have included her children as well as her huaband. It is then that the question would have arisen whether your biological father was a "husband" of your mother at the time of her death.
However that is not the case here. A person is free to transfer by WILL his/her property and insuch a case, such property would be passed to the legatees to the exclusion of all or any of the legal heirs.
Thus, the property mentioned in the will stands to be passed to the persons specified therein, irrespective of whether your father is or is not a valid legal heir. That is not relevant anymore.
Having said that, in case the will is in dispute (as to its existence or validity), the proper way to approach the probate court for the certification of the will. However, in this case any party disputing the will (eg your father) will be given a chance to raise his objections. However, if the will is genuine, it's only a matter of time before it is declared so.
You can in the meanwhile communicate to any source of your mother's property (her office etc) not to disburse the property to your father by showing them the will. If inspite of that they are unwilling to comply, you may get a temporary injunction against them in the probate proceeding itself.
However that is not the case here. A person is free to transfer by WILL his/her property and insuch a case, such property would be passed to the legatees to the exclusion of all or any of the legal heirs.
Thus, the property mentioned in the will stands to be passed to the persons specified therein, irrespective of whether your father is or is not a valid legal heir. That is not relevant anymore.
Having said that, in case the will is in dispute (as to its existence or validity), the proper way to approach the probate court for the certification of the will. However, in this case any party disputing the will (eg your father) will be given a chance to raise his objections. However, if the will is genuine, it's only a matter of time before it is declared so.
You can in the meanwhile communicate to any source of your mother's property (her office etc) not to disburse the property to your father by showing them the will. If inspite of that they are unwilling to comply, you may get a temporary injunction against them in the probate proceeding itself.
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Adv. Nikhil Sabharwal
Chandigarh | 25+ Answers
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Dear Sir/Madam You can file petition in the district court of your jurisdiction for getting succession certificate , You need to discuss further for more information for getting succession certificate , I am Delhi based advocate. Thanx
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Adv. Jyoti Sinha
Delhi | 25+ Answers
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NO OTHER ALTERNATIVE AND YOU SHOULD FILE A CASE FOR WILL PROBATE /SUCCESSION CERTIFICATE AND IF THE WILL IS REGISTERED SO THAT CAN HAPPEN TO GET THE SUCCESSION CERTIFICATE FROM COURT OF LAW. DONT JUST SIT BUT MOVE IT. CONTACT A LAWYER AND FILE IT.
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Adv. Dev Raj Sukhija
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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