Law chamber

 PAVANANJAYA

 20 Years Exp

 Succession Certificate (Show More)

 Dakshina Kannada , Kodiyalbail

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Overview

Succession Certificate is a document which is issued by the court specifically for claiming movable properties by the successors of the deceased person. Mostly Banks don't release funds or FDs without a Succession certificate granted to the successor. It is applied for movable assets like bank deposits, FDs etc. It is issued by a civil court to the legal heirs of the deceased person. If a person dies 'intestate', (without leaving a Will) a succession certificate can be granted by the Civil Court to release the debts and securities of the deceased person. It establishes the legitimacy of the heirs of the deceased and gives them the authority to get the deposits and other assets transferred in their own names. It is issued on the basis of the applicable laws of inheritance on an application filed by the beneficiaries in court of relevant jurisdiction.

Anything related to property disputes doesn't just end with information on land or buying / selling.

The dilemma

    Even if an overseas citizen were to know details about land that he thinks belongs to him, in many cases he finds himself in a situation where either parent or an uncle / aunt has died without making a legal will.
    Just knowing that a piece of land is his cannot help much - proper documentation is needed to assert a claim.
    There are rules that determine the manner in which property of the deceased is passed on to the heirs.
    It is not easy for him to understand how to get legal heir certificates.

The solution

    The first step for any beneficiary is to file for a 'Succession Certificate' in the same court within whose jurisdiction the deceased person resided, to inherit the assets of the deceased or even get them transferred in his name.
    The Succession Certificate procedure implies that the court grants a document/certificate to establish the authenticity of the petitioner and gives him the authority to have the assets transferred in his name-along with the authority, the beneficiary will also carry with him the full responsibility and liability of honoring any debt or security attached to that particular property.
    For any application made by a beneficiary to a court of competent jurisdiction, the Succession Certificate procedures for immovable property in all the cases is issued as per the applicable laws of inheritance.


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Name : PAVANANJAYA

Law Firm Name : Law chamber

Country : India

City : Dakshina Kannada

State : KARNATAKA

Practicing Since: 2006

About Your Firm : I am practicing since 2006 as a civil Advocate in Mangalore I am handling civil Matters M.C Cases , Consumer cases Registration work Revenue work, Legal Opinion etc

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Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok