Procedure to apply for succession certificate
01-Jul-2023 (In Property Law)
We have known three properties left out by our grandparents. in one case we have only property tax bill. in another case, we have demand letter from owner of housing society for payment and take possession. third case we have bank account details and locker number. can we apply for succession certificate with above details as all the legal heirs are available.
You can apply for succession certificate on the basis of above details.
However, it is advisable that you approach the relevant banks and authority and seek documents and details from them first.
Like bank can provide the details of nominee in account or locker and authority can provide copy of property documents and further verify if any third party rights have been noted on the said property as per records.
In case they deny to provide you any support, you may also consider making them a party in your petition so that they can be asked to produce the relevant documents in the court directly.
However, it is advisable that you approach the relevant banks and authority and seek documents and details from them first.
Like bank can provide the details of nominee in account or locker and authority can provide copy of property documents and further verify if any third party rights have been noted on the said property as per records.
In case they deny to provide you any support, you may also consider making them a party in your petition so that they can be asked to produce the relevant documents in the court directly.
Succession certificate cannot be granted in case of immovable properties. Succession certificate is granted in case of movable properties only.
In case of immoavble property, if there is a WILL, then the executor of the WILL can apply for probateof the WILL or the beneficiary of the WILL can apply for grant of letters of administration.
Incase, the person dies without a WILL, then by operation of law, the legal heirs of the deceased become joint owners of the immovable property.
Incase in hand, for claiming amounts in bank accounts, succession certificate can be granted. For that you have to approach the court within whose jurisdiction the branch of the bank is situated. You will have to file a petition, giving details of the bank account, death certificate of the deceased and the amount deposited in the account.
In case of immoavble property, if there is a WILL, then the executor of the WILL can apply for probateof the WILL or the beneficiary of the WILL can apply for grant of letters of administration.
Incase, the person dies without a WILL, then by operation of law, the legal heirs of the deceased become joint owners of the immovable property.
Incase in hand, for claiming amounts in bank accounts, succession certificate can be granted. For that you have to approach the court within whose jurisdiction the branch of the bank is situated. You will have to file a petition, giving details of the bank account, death certificate of the deceased and the amount deposited in the account.
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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