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Niti Bodh
Pulkit Prakash
12 Years Exp
Succession Certificate (Show More)
East Delhi , Delhi Industrial Area
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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 : Pulkit Prakash
Law Firm Name : Niti Bodh
Country : India
City : East Delhi
State : DELHI
Practicing Since: 2013
About Your Firm : We are determined and diligent professional with qualitative experience in Legal Practicing and Legal Advisory, Corporate and Commercial Laws; having exposure in multi-faceted domains Legal Advisory, Understanding Legal Concepts & Public & Personal Laws, Contract Management, Client Relationship Management, etc.
| Sr Employee Associated | Sr Employee Enrollment/Reg.No | Sr Employee Enrollment/Reg.State |
|---|---|---|
| Jr Employee Associated | Jr Employee Enrollment/Reg.No | Jr Employee Enrollment/Reg.State |
| Pulkit Prakash | D/843/2014 | Bar Council of Delhi |
Procure Specific Property Document(s) ( Certified copy of revenue document )
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Subject : Power of attorney of house
Question : My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.
Answer by Niti Bodh : Dear Kishore Ji,
Please take note of the following -
1. Registration of marriage have been made compulsory now and it was not mandatory when your grandparents would have married each other. So if you have the marriage card and marriage photo of your grandparents then that would prove that your grandparents were a married couple.
2. Further, look for the identity or address proof of your grand mother wherein she has mentioned herself as wife of your grand father. That will further strengthen your case in proving that your grandparents were married to each other.
3. You will require following documents to transfer this property on your grandfather name -
(a) death certificate of your grand mother,
(b) NOC (No Objection Certificate) from all those people who are legally eligible to claim their rights on this property like your father, your uncle, your aunt if your grandmother has died after 2005, your sister, brother and yourself also,
(c) Indemnity Bond whose valuation should be decided as per the valuation of the property in current time,
(d) family tree stating that who all are left to claim rights over this property and their relationship with your grandmother.
Once you have submitted your application along with all the requisite documents mentioned above your property will be transferred on the name of your grand father within 45 days from the date of filing the application.
Subject : construction issues
Question : we are living in an old house which was built many yrs ago( more then 40yrs).we have common walls with our neighbor.Now he is building his house in our area,always trying to prove that he is not doing so nd even he is doing favour leaving his space in between.he is not constructing a straight walls.he has built ground floor taking 3 inches of our space from back and according to that our front is decreased but his size is correct which may be due to the old construction of neighbor next to him.
Answer by Niti Bodh : If you have any confusion in relation to his construction which is leading to usurping your land then you can file a civil suit before the local courts of your jurisdiction under Order 26 Rule 9 of CPC seeking appointment of local commissioner to demarcate the land as per the map of the revenue department and the land indicated in the revenue records. If the local commissioner approves his construction and then you are unnecessarily getting tensed and if he says that some of your land is getting usurped then your neighbour construction will get stopped.
Subject : Property Fraud
Question : I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?
Answer by Niti Bodh : You have two options with yourself -
1. If the seller is a company then you can bring up a suit of fraud against him on the name of land purchase under section 420 of IPC seeking prison imprisonment for him and a case before consumer court seeking your money with interest rate as well as compensation for the harassment which you have gone through.
2. If the seller is an individual party then you can bring up a suit of fraud against him on the name of land purchase under section 420 of IPC seeking prison imprisonment for him and a case before civil court for permanent injunction seeking your money with interest rate as well as compensation for the harassment which you have gone through.
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 Niti Bodh : Please mention the same amount which you are getting as a sum in against the sale deed. If you will write 36 lakh as sale deed amount then you will have to pay tax on 36 lakh rather than paying the tax amount on 27 lakh.
