• Family Member certificate, Successor Certifictae

Hello , my mom has passed away and she holds lots of shares,at present she did not include any of her kids as nominees. 

1) So whats the mandatory documents that i should apply for and what would be its COST
2) can it be applied online, if yes what's the link as i am overseas now
3) Is Legal heir / Family member certificate enough to apply to withdraw shares and other property or need other certificates also
4) There are also some electricity and other bills , so what certificate is required for that
5) We are two kids , one son and one daughter, what should we do as procedures to start process
6) Or do we require successors certificate also for the same, if yes whats the way to apply online
7) What would be the fees of Legal Heir or successor certificate
8) Where should we apply it if not online , then where can i apply directly, whats the address
9) We live in Chembur , mumbai , what would be the nearest office
10) how much your team would charge to help on all this matter until we get the certificates in hand
11) We already have a will in india, how can be probate it
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

For claiming share certificate, bank deposits, insurance claim etc. you need to apply to the District Court, Bombay, at Kala Ghoda. It will cover everything like bills of electricity, phone bills, water cess, etc. you need engage a local lawyer. A will has to be filed in district Court for transfer of property to persons named in the will. This process is called probating of the will. After filing of the will, the Court will issue notices to all the family members and hear objections if any they have against the will. After that appoint an executor of the Court for execution of will who will transfer and register the property mentioned in the will in favor of beneficiaries of the will. Unless will is probated it is of no use. You have to file the original will in the court and give the names and addresses of all the legal heirs and persons interested. There is fixed fee for probate proceeding which not very high. But you have to bear the expenses of lawyer which  vary from lawyer to lawyer. It will take 3 months for probating will.   

 

Ravi Shinde
Advocate, Hyderabad
4566 Answers
42 Consultations

For succession certificate  you need to pay Court fee around 6 per cent of face value of shares. For all you questions succession is solution, For probating of will, there fixed Court fee slab vice. Apart from that you need to pay lawyer's fee. Now there is no online procedure.  

Ravi Shinde
Advocate, Hyderabad
4566 Answers
42 Consultations

In the absence of nomination for shares, you have to apply for a succession certificate from court in Mumbai. If your sister lives in Mumbai, you may give your written consent in the form of an affidavit signed before a Notary in the USA . At present, there is no online application procedure for the purpose.

For electricity and other purposes, legal heirs certificate will suffice. A true copy of the death certificate will be required for that purpose.

The Will has to be examined first to see whether anyone is named as the Executor in it, so that it can be probated and Letters of Administration obtained from court.

 

 

 

Swaminathan Neelakantan
Advocate, Coimbatore
2972 Answers
20 Consultations

Your questions are repetitive 

But I will answer nevertheless point wise 

1. You have to apply for either an heirship certificate or a letter of administration. 

Cost -

Max 75k court fees depending on value of the estate 

Lawyer professional fees 

Clerkage 

Miscellaneous charges 

Notary, stamp duty as per actual 

2. No

3. Heirship certificate or LA is sufficient 

4. Death certificate of mother. Heirship certificate or LA. Consent affidavit of legal heir

5. See point 1

6. See point 2

7. See point 1

8. Bombay high court. U will need a lawyer 

9. See point 8

10. See point 1. There is no team here. All are individual advocates. The fees vary from lawyer to lawyer. Book a paid phone consultation with any lawyer of your choice for more details. 

11. File a probate petition in High court. If there is a Will of your mother, then heirship certificate or LA will not be required. Check in the Will if an executor has been appointed. The estate of the mother will vest in the executor who has to carry out the wishes of your mother as per the directions contained in her Will by registering transfer deed in favour of the legatees after duly proving the Will. 

Yusuf Rampurawala
Advocate, Mumbai
7781 Answers
79 Consultations

1.Since your mother passed away without intestate , then you have to apply for getting succession certificate/letter of administration from the court 

- Court fee depend upon the present value of shares at the time of filing the petition before the court or as per direct from the court. 

2. You have to engage a lawyer in India , if you are out of India.

3. No, 

4. Share certificates , death certificate of mother , and the details of all the legal heirs

5. If you both are residing abroad then you can give POA to any relative or nearest person to approach the court 

6. Yes, a succession certificate needed from the court and petition will be filed in India. 

7. Court fee generally 2.5% of the face value of the shares 

8. The place where your mother was residing at the time of death or where she was living

9. If the value of the share is more than 1 crore , then Mumbai High Court

10. Depend upon the lawyer to whom you engaged , and is not fixed 

11. Probate petition should be filed in the court 

Mohammed Shahzad
Advocate, Delhi
14885 Answers
226 Consultations

Apply for and obtain succession certificate from Bombay high court 

 

2) enclose mother death certificate,schedule of latest marker value of shares 

 

3) legal heir certificate /family member certificate would not serve the purpose 

 

4) maximum court fees for succession certificate is Rs 75000 

 

5) it cannot be done online 

 

6) if you have willl apply for probate from Bombay high court for both immovable and movable assets 

Ajay Sethi
Advocate, Mumbai
97812 Answers
7926 Consultations

Rs 75000 court fees 

 

legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
97812 Answers
7926 Consultations

Dear Sir,

The online process of transfer can be done easily if the shares are already in Demat account and if the shares are in physical form you can apply for its conversion in Demat form. For acquiring succession, you have to give Copy of Death certificate, Legal Heir or succession certificate, Transmission Request Form. In case of physical holding of shares, original share certificate  and in case of Demat account deed of indemnity is required. To apply for probate application you have to provide Death Certificate, original will and codicils and their copy as well and correct Inheritance tax form. For obtaining successor certificate, you need to file petition before district judge under whose jurisdiction your mother used to reside.

Thank You.

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

1. If your mother is reported to have died intestate then you should have a succession certificate issued by a court of law to succeed to her movable assets i.e., the bank balance amount, FDs, shares and any other investments that lies on your deceased mother's name.

2. No it cannot be applied online, you have to file a succession petition before the concerned court, it is another regular case.

3. If the legal heir ship certificate is acceptable then you can apply for the same with the concerned revenue department.

4. they are not of any use.

5. you both should apply for legal heir ship certificate jointly.

6. Legal heir ship certificate would be required to inherit the immovable properties and the succession certificate would be required for acquiring the movable assets.

7. For legal heir ship certificate the fee would be the government fixed one, for succession certificate you may have to pay 3% of the value of the movable asserts towards court fee, and you can esquire about the advocate fee from the advocate you would be engaging for this purpose.\

8. For legal heir ship certificate you may have to apply before the concerned revenue department and for succession certificate you may have to file a case before the court competent.

9. You can enquire locally.

10. There is no team here in this public forum, you may have to find out the charges from the lawyer who you would be desirous of engaging for this task.

11. You may have to file a probate petition before the district or high court within the jurisdiction of the property. 

T Kalaiselvan
Advocate, Vellore
88014 Answers
2370 Consultations

All your questions have been properly answered, you may go through the answers given in the previous post of the same thread  properly and may revert with any additional questions.

 

T Kalaiselvan
Advocate, Vellore
88014 Answers
2370 Consultations

I will answer all your query. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
33092 Answers
215 Consultations

Dear Sir,

My answers are as follows:

There are two types of legal heir certificate one being issued by Revenue Authority or Affidavit by yourself and second is Succession Certificate under Section 372 of Indian Succession Act.

 

1) So whats the mandatory documents that i should apply for and what would be its COST

Ans: All the Aadhar cards of the legal heirs of the deceased.

 

2) can it be applied online, if yes what's the link as i am overseas now

Ans: No, it cannot be.

 

3) Is Legal heir / Family member certificate enough to apply to withdraw shares and other property or need other certificates also

Ans: It depends upon rules framed by particular company.

 

4) There are also some electricity and other bills , so what certificate is required for that

Ans: Electricity bills is not required.

 

5) We are two kids , one son and one daughter, what should we do as procedures to start process

Ans: Go to the concerned officer through your advocate and produce both your aadhar cards and death certificate of your parents.

 

6) Or do we require successors certificate also for the same, if yes whats the way to apply online

Ans: Not required.

7) What would be the fees of Legal Heir or successor certificate

Ans: It depends upon reputation of the Advocate but official fee will be very low.

 

8) Where should we apply it if not online , then where can i apply directly, whats the address

Ans: It is not so effective and it will be kept under cold storage.

 

9) We live in Chembur , mumbai , what would be the nearest office

Ans: You can contact local advocate.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
493 Consultations

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