• Succession certificate query Kolkata West Bengal

Hi 
I need a succession certificate for a property in kolkata south left behind by my mother. Our family is my father ,married sister and me .
1.What kind of succession certificate am I looking for ?
2.Where and how do I apply for this in kolkata ?
3.How long will it take to get a succession certificate.?
4.What would be the cost of getting this ?
5.Will all need to be physically present to get this certificate ?as I stay out of kolkata and also father is old 84 yrs.
I need it fast so I can apply for mutation.
Pls advice
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Succession certificate is only for  movable  debts and securities 

2) for immovable property you need letters of administration 

 

3) If there is no contest it should not take more than 6 months 

4) legal fees vary depending upon the lawyer engaged by you 

 

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

It can be obtained from the civil court. Engage a local lawyer who wil file a suit for the certificate. It may take around 6 months given the present situation ie COVID-19.

PoA can be given to any trustworthy person who can appear on your and other heirs' behalf.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You will have to obtain a letter of administration and not a succession certificate since an immovable property is involved

The other legal heirs will have to give their consent affidavits 

You will have to file a petition in the Kolkata High Court 

Time and cost a local lawyer should tell you 

The procedure can be done through a POA holder 

Yusuf Rampurawala
Advocate, Mumbai
7679 Answers
79 Consultations

You have to apply to your district court and if other legal heirs give their no objection it generally dies not take much time but due to covid it might be delayed. However you need to be present before the court else your father can apply for it . You can contact me in case you want to proceed further 

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

1. If your father has left this immovable property or you are concerned wtih this property alone then there is no scope for getting succession certificate. Succession certificate is meant for movable assets of the deceased lying in Bank like FD, share or other investments.

2. Depending upon the adress where you father pased away dtermines the jurid=sdiction of court like Alipore Court/Baruipur Court or Sealdah Court etc.

3. Its around 8-9 months.

4. Without knowing his assets it is difficult to quote.

5. Only at the time of final hearing physical presence is required and not on each date. 

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

succession certificate is issued by a civil court to the legal heirs of a deceased person. When a person dies intestate his estate has to be managed by someone to inherit and it can be done only by inheriting the authority by court process for which a succession certificate can be issued by a civil court to the legal heirs of a deceased. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.

If the petition is not contested then the court usually issues a succession certificate in five to seven months.

you have to file the petition u/s 372 of Indian Succession Act before the jurisdictional civil court for getting the succession certificate and thereafter decreed the same you have to pay the court fees on the said certificate as per court direction

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. Succession certificate is not necessary for inheriting immovable property. 

You can apply for legal heirship certificate through revenue department. 

After obtaining legal heirship certificate all the legal heirs can apply for transfer of revenue records to the names of all the legal heirs of the deceased property owner. 

2. If you insist on succession certificate only then you may have to file a case before a court competent seeking succession certificate. 

3. It is another case before court,  it may take between 2 to  3 years. 

4. Your advocate will be the right person to inform you about it. 

5. Yes, all have to be present before court. 

Therefore you may follow the procedures as stated in first answer above. 

 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

1. You need to obtain letter of administration for property.

2. It has to be filed before the court having.jursidction over the property.

3. It can take some time based on pendency and present situation of pandemic.

4. The court fee as per the the state act has to be paid.

5.you may give power of attorney to your relative to obtain same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

You can apply it the relevant civil court Or HC at kolkatta. 

It takes a year atleast in covid it can take time

Cost may vary but the court fee can be 50000 to 70000 excluding lawyer fees. 

Not require your physical presence

 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

You can apply in the civil court for the succession certificate in the Kolkata and take help of any one family members to attend further proceedings.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

1. FIRSTLY, "succession certificate" or "legal heir certificate" is not applicable for "immovable properties". You will require "Probate Decree" (IF WILL document is made) .OR. "Letter of Administration (LA) (IF WILL document is NOT made). Both these documents, in Calcutta has to be obtained from the High Court. This takes about 5-6 months and your lawyer shall be able to get it without any of you going to Court.

2. ALTERNATIVELY, IF Mother has died intestate (without WILL), THEN her property can be mutated /transferred to one or multiple legal heir amongst yourselves, by executing a registered "Release Deed", which must be mutually signed by Father, Sister & Yourself. This Deed is legally sufficient for transfer of property for all futuristic legal purposes like Sale /Gift /Transfer /WILL /Donate /Mortgage /whatever .... without having to go to procedures as above point no. 1. For this ALL three persons shall have to be physically present before the local SRO office. This Deed takes only one hour for registration.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. If it is a movable property like Bank deposit or share investment them Succession Certificate will be required. If it is for an immovable property like house/building, then legal; heir certificate will be required.

 

2. For obtaining Succession Certificate, you shall have to apply before the Court and for obtaining legal Heir Certificate, you shall have to approach the Ward Counselor of your Municipal Corporation.

 

3. Succession certificate might take 1 to 2 years ordinarily though it will depend on the sitting of the Court. Legal heir certificate might take one month. For issuing Legal Heir Certificate by the Municipal Corporation, the Ward Counselor might ask an affidavit from all of you affirming that there is no other legal heirs left, to play safe.

 

4. For Succession Certificate the Court fee will depend on the value of the property and the  maximum  Court fee is Rs.50 K. Legal Heir Certificate does not attract any Court fee. However, there might me Misc. expenses which might be any thing in between Rs.25 K to Rs.100K depending on your Counselor.

 

5. You can take a POA from other legal heirs and come to Kolkata once to finish of all the jobs in one go. Meeting and managing the Counselor is the most important of the job. Fot succession certificate also you shall have to come once to Kolkata once with the POA form filing the application before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27457 Answers
726 Consultations

1. Sucession Certificate will be issued to all of you.

2. Civil court.

3. Approx 1 year.

4. 3%approx of the value of property. 

5. All need to go once in court.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir/Madam,

You are suggested that the succession certificate or legal heir certificate can be obtained from local SDM/MRO and for this the application is submitted online as well as offline giving all the details of the legal heirs and submission of fee thereof by online or offline mode. The said certificate is generally ready in 15 working days and the print out of the same can be obtained from offline as well as online mode (download). After getting the certificate, you may go for the mutation. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Succession certificate dose not issue for immovable property.

You will require legal heir certificate and on the basis of it, property will transfer (mutation) in joint ownership of all 3.

Heir local advocate to aplly for LHC, minimal fees and Advocate fees separate. Your father can apply for it with the support of an Advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

1. You need to obtain legal heirs certificate and not succession certificate because it is only for movable assets.

2. Apply it from office of local tehsildar where your mother was residing.

3. It will take around two to three months to obtain the certificate.

4. Local agent can tell you about the cost. 

5. No, only one person can apply for legal heir certificate 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

1. Since you mother left behind property , then this property would be devolved upon your father , sister and you equally. 

- Further , if there is no dispute amongst you , then no need to apply for getting Succession certificate from the court, if she left only property and not fund in the bank.

- But if she left fund /share etc , then only you have to file a petition before the court for getting Succession Certificate . 

2. You should apply before the Tehsildar for getting Legal heir certificate in Calcutta of your area/regiion

3. If you will apply for succession certificate , then it can take 6 to 1 year time , but Legal heir certificate will issued to maximum under 15 days of apply. 

4. As above

5. No need . 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

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.

You & your father can authorize your sister to represent both of you .

PROCEDURE FOR GRANT OF LOA:

  • The Applicant has to approach the concerned District Judge and file a petition seeking grant of LOA.
  • The petition has to be rightly drafted mentioning all the requirements as per the law like details of death of the deceased, details of other surviving legal heirs and beneficiaries, the right in which the applicant claims, description of assets and amounts, etc.
  • Along with the Petition, all the relevant documents have to be annexed like the death certificate, relationship proof, property related documents and other documents that the court may require.
  • After the filing of the petition, the District Judge will examine the Petition and registers it and issue notices to those who may have an interest in the property/s of the deceased and the concerned court also ask for publication of notice for the general public in a daily newspaper calling objections, if any.
  • The Court may require further evidence to establish right of the petitioner to the letters of administration
  • The Court, if satisfied, will pass an order for grant of LOA in favor of the Applicant.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Client,

You may file a Application in the civil court where the property is situated to get the succession certificate.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Yes talk to your concerned lawyer and go for partition between you and sister

Roshan Khatri
Advocate, LUCKNOW
138 Answers

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