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What is the process of succession?
30-Jun-2025 (In Property Law)
My father deceased last year. I would like to know what are the steps for succession of his properties for his heirs.
Following are the properties that has his ownership, part or complete-
1. An apartment with joint ownership amongst him, his wife, his second daughter and only son.
2. A bungalow with complete ownership.
3. Ancestral property amongst him and his siblings, which includes a farmland, and a bungalow. Details of the ancestral property is not fully known yet.
Require guidance.
As far as the self acquired properties, including the joint properties, of your father you can obtain succession certificate. However, as far as ancestral properties are concerned you cannot obtain succession certificate for the same. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Hi in case if the deceased died leaving behind a will, then the executor of the Will, will have to apply for Probate, in the absence of a will, you will have to apply for letters of administration and after grant, a deed of transfer will be made and registered to get the properties transferred in the name of the legal heirs.
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Adv. Kunal Kamath
Mumbai | 50+ Answers
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after the death of the owner of the property it is necessary to obtain the succession certificate from the competent court having jurisdiction. first step for obtaining the heirship /succession certificate is to apply for hair ship certificate in the court. the court will issue notice to the other parties simultaneously paper publication will be done and the court officer will visit the property. if the court does not receive any objection from any person in that scenario the court will issue the heirship / succession certificate. Upon payment of the court fees you can receive the heirship certificate from the court.
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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To initiate succession, you'll need to obtain a legal heir certificate and possibly a succession certificate, depending on the property type. The process varies slightly for self-acquired, joint, and ancestral properties. Based on what you've shared, a detailed discussion would help assess the next steps. You may reach out through this platform for further assistance.
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Adv. Nidhi Preetam Banvali
Mumbai | 25+ Answers
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