Lawyer For Succession Certificate, Letter of Administration & Legal Heirship Certificate
Succession Certificate is obtained to ascertain how many are the legal heirs of the deceased and bring all the legal heirs on record.
It is to be noted that when only MOVABLE PROPERTIES are to be claimed SUCCESSION CERTIFICATE is acquired by bringing all the legal heirs on record.
When only IMMOVABLE PROPERTY is involved and to be claimed then LEGAL HEIRSHIP CERTIFICATE is to be acquired by bringing all the legal heirs on record.
When both Immovable and Movable Properties to be claimed of the deceased LETTER OF ADMINISTRATION is to be claimed from the appropriate court of law by bringing all the legal heirs on record.
SUCCESSION CERTIFICATE, LEGAL HEIRSHIP CERTIFICATE and LETTER OF ADMINISTRATION is acquired when the deceased expires without a WILL. When a deceased expires with a WILL being executed the EXECUTOR mentioned in the said WILL has to acquire PROBATE for the same.
The Court fees for SUCCESSION CERTIFICATE, LEGAL HEIRSHIP CERTIFICATE, LETTER OF ADMINISTRATION AND PROBATE ORDER are RS. 75,000/- for value of property anything above Rs. 10,00,000/-.
Succession and Inheritance at the time of TITLE INVESTIGATION
The investigation/verification process involves investigation of chain of agreements by taking TITLE SEARCH REPORT from sub-registrar office manually and through online process.
Title search verification of 30 to 40 years is one of the process of checking the title of any immovable property along with the Index 2.
Other process of checking the title of immovable property is to check the property papers from SUCCESSION and INHERITANCE point a view. If a person has expired, first question to be asked for the person selling the immovable property is whether the person or seller of immovable property is expired by executing and WILL or died INSTESTATE. If the person has died intestate the law of succession will apply. There are different Succession laws for different religions. For Hindu there is HINDU SUCCESSION ACT, for Christians there is INDIAN SUCCESSION ACT and for MUSLIMS -MUSLIM PERSONAL LAW.
If the person has expired with a WILL duly executed then as per HINDU SUCCESSION ACT the “WILL” has to be PROBATED. In Christians and in Muslims the WILL need not to be compulsorily probated. But in Muslim the effect of will is only 1/3rd and 2/3rd goes by Succession. If the property is owned by H.U.F, then it’s the moral duty of the lawyer to advise the to make all the coparceners party to agreement for sale and the Karta has to mention in it the reason behind sale of property. If only KARTA sells the Immovable Property and does not distribute the sales consideration then the Coparceners along with the Karta can file a case against the purchaser also.
In case of Purchase of Property by our client, where nominee is claiming to sell the flat then in that case it’s the purchaser’s moral duty to advise to make all the legal heirs party to the agreement as sellers, as nominee is just a CARETATEER and has no right to do any act of ownership like sale of flat etc.
If the Purchaser is not confident to ascertain as to how many are the legal heirs of the deceased, the Purchaser has to direct the Seller to obtain Legal Heirship Certificate or a Letter of Administration if the deceased has expired without a WILL and if expired with a WILL then to get a PROBATE order from court.
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Phone: +91 7738377352 / 9768135352
