Procedure to obtain succession certificate after father's death

757 votes

Taking into consideration the above said facts and your query therein.

In a first the powers to issues a succession certificate are not with the high court. It look like you have been misled .

One at apply with for succession before a civil judge senior division with proper jurisdiction.

After due verification on part of the court it is dictation of the court to issues succession certificate.

Best Regards

Advocate Harshad Rathod LawRato

667 votes

You will have to apply and obtain letters of of administration if your father has not left a WILL else you will have to apply for probate if he has left a WILL. If the property is not ancestral property or it is earned and brought by your father during his lifetime or he has received property by way of family parrtion then your uncle and cousins will not have any share. However, all heirs of first class as per Succession Act (spouse and children) will have to give consent by way of affidavit.

Hope above helps.

Advocate Jairam Chandnani LawRato

535 votes

Dear Friend,

To obtain a Succession Certificate a person has to make an application in the court. It will usually be where the property of deceased relative is situated or that person resided. Upon checking the value of the estate of the deceased, the matter will go to such type of court which usually deals for that value matter and it is known as pecuniary jurisdiction. As per section 380 of The Indian Succession Act,1925 Succession Certificate is effected throughout the whole India.

After applying to the court, all the names of other heirs of the late relatives as respondent has to be informed. Apart from mandatory notice to the respondents, a newspaper notice is also issued. It roughly takes around 6 – 8 months from the date of filing to receive a Succession Certificate. Both District Court and High Court have concurrent jurisdiction and a petition for Succession Certificate can be heard. A petition should contain the relationship of petitioner with the deceased. The time, date, place of death details should also be mentioned in it and attach the death certificate and any other documents as the court may require. When a newspaper notice is given it specifies a time frame within which, if anyone who has objections can do so, usually it will be one and a half month time frame. If it is not contested and if the court is satisfied then it will issue a succession certificate to the petitioner.

Advocate Shashank Choudhary LawRato