You have to obtain Succession Certificate by petitioning district court
Dear sir, My mother expired intestate leaving behind immovable property in Hyderabad. She is not a government employee. We are four siblings. Should we obtain legal heir certificate or succession certificate and is it from court or is it from MRO? Thank you Srinivas
You need to obtain letters of administration from district court as mother died intestate leaving behind immovable property
succession certificate is only for movable debts and securities
For govt employees even collector office issues succession / heirshiip certificate. No need to go to court.
Legal heir certificate by applying at tehsildaar office.
SC dose not issue for immovable property neither it required.
For succeeding immovable property of the deceased who is reported to have died intestate, you just obtain a legal heirship certificate from the revenue department.
Succession certificate is for the movable assets only and not for immovable property.
- After the death of your mother intestate , her property would be devolved upon her legal heirs i.e. your father if alive and for siblings equally.
- You can apply for getting Legal heir certificate from the office of Tehsildar after giving details of all legal heirs , and further after getting this certificate ,you can apply for getting mutation of the property .
Thanks all for the reply. An advocate in Hyderabad said it must come through court only and not from revenue office (although there is no dispute on the property) . He said court charges will cost around one lakh in addition to his fees of 25k. And also filed the petition. Can we withdraw the petition and apply in MRO/Tehsildar office which won't cost so much? Regards Srinivas
You did a great mistake.
If heirship certificate takes care of your requirement then there is no need to go for Succession certificate.
Withdraw the proceeding.
- Since, there is no dispute on the property amongst the legal heirs , then no need to approach the Court for getting a succession certificate , and just apply for getting Legal heirs certificate from the Revenue office /Tehsildar.
You have been misguided by the said advocate.
There's no necessity for succession certificate in this situation.
You can very well withdraw the case filed already.
You can approach revenue department and obtain legal heirship certificate which is sufficient to transfer the revenue records to your name.
Yes definitely you may do so and may withdraw incase all siblings have no disputes about particular % of share in the property.
You may withdraw the suit and file legal heirship certificate from the office of the Tehsildar for asserting right over the property of your mother as legal heirs.
It will issue by MRO/Tehsildar office only not by court. Minimal fees. Y
our advocate is fooling you. Withdraw the petition. Court has no role
1. You need to obtain legal heirs certificate from MRO because it is required for transfer of immovable property on name of legal heirs.
2. You can obtain succession certificate from court but it cannot be used to claim immovable properties as it is for movable assets like Bank accounts, shares and mutual funds etc.
He must have filed the petition for succession Certificate, which you don't require, you need legal heirs Certificate and that will be issued from Tehsildar. So go ahead to withdraw the petition if all the payments have not been made.
if the deceased was a government employee then this certificate will issue by Tehsildar. legal Heir certificate can be obtained by approaching the area/taluk Tesildhar, or from the corporation/municipality office of the respective area, and from the district civil court.
In case if a person dies intestate in such cases, by issuing Letters of Administration (LOA), an administrator is appointed by the Court to administer the estate of the deceased person.
If the estate has only movable assets then Succession Certificate is issued.
If the estate comprises of both immovable and movable assets or only immovable assets then Letters of Administration is required from the court in order to administer the estate of the deceased.
WHERE TO APPLY:
The District Judge, within whose jurisdiction any property, movable or immovable, is situated or the deceased resided, immediately, before his death, shall be having the jurisdiction to try and entertain the Petition.
PROCEDURE FOR GRANT OF LOA:
Your advocate from Hyderabad, is correct. Since 2006 the MRO is not issuing the legal heir certificate. It has to be obtained from Competent Court only as stated above.