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How do I proceed in Succession Suit in Uttar Pradesh ?
06-May-2023 (In Property Law)
My father deceased in December 2016 leaving behind me (son) and 2 other survivor members, his total movable property is located in Bulandshahr (U.P.), hence I filled a Succession Suit in the District Court of Bulandshahr with Civil Judge-senior Division. My Mother and Sister objected the same now Judge ordered me to submit survivor certificate (वारिसन प्रमाण पत्र) from the DM of the District otherwise this case will be dismissed on next hearing, and it is not possible for me to apply for this certificate as all survivor members documents with affidavit requires to apply this certificate, and as my mother and sister are against of me then it is not possible for me to apply for this certificate. I have already attached all below mentioned documents with my case file - Birth Certificate Passport Aadhar Card PAN Card High-school Certificate But judge is not considering these documents, Kindly advise me what I can do now??? My Religion - Hindu
You can file an application in the tehsildar's office for legal heir/succession certificate if the same is not provided by the tehsildar to you then you can file a petition in the jurisdictional civil court. Procedure for the same is given as follows:
The Application to obtain a succession certificate is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. 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.
You will have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter.
Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name.
You have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court.
After that the Certificate is typed by the court staff, duly signed, sealed and delivered.
It takes roughly about 3-4 months from date of filing of application.
Also, you can make an application to the court stating that the said procedure is being followed and the process for obtaining the same is in the process.
The Application to obtain a succession certificate is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. 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.
You will have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter.
Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name.
You have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court.
After that the Certificate is typed by the court staff, duly signed, sealed and delivered.
It takes roughly about 3-4 months from date of filing of application.
Also, you can make an application to the court stating that the said procedure is being followed and the process for obtaining the same is in the process.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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