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Author Topic: Succession Certificate - In case of death of Parents  (Read 655 times)

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Offline elex

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Succession Certificate - In case of death of Parents
« on: July 22, 2015, 09:07:25 AM »

Me and my sister are two siblings and Our parents died 3 years back in an accident.
Now as their was no nominee in their assets, i would like to know what are the ways we can have access to their assets.
LIke home, Shares & Mutual funds, Postal schemes.

I have heard about Succession certificates. Can you tell us the procedure for it. If this is the only way.


Offline nsatish4

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Re: Succession Certificate - In case of death of Parents
« Reply #1 on: July 22, 2015, 05:34:23 PM »
I am going through a somewhat similar situation and this is my observation.

In Kerala, you can get a Legal Heirship for declaring you and your sister as legal heirs.  You will have to apply to the village office for their investigation and report and their report will be sent to the Tahasildhar office.  Your heirship claim will be posted for one month in the Gazette, and, if there are no contests, you will be issued a Legal Heirship Certificate from the Tahsildhar office.  The Legal Heirship Certificate has its limits in that it is typically used for immovable property and is usually limited for inheritance of less than one lakh rupees.  Also, typically banks will not accept a Legal Heirship Certificate since money is considered a movable property, but then again, some banks may in the event there is no dispute on heirship.  The whole process will take 1 to 2 months and a lot of running around.  There are typically no fees involved.

Many banks will require a Succession Certificate that is obtained through a filing in the Civil Court of the appropriate jurisdiction.  This process may take up to 6 months and is more solid than the Legal Heirship Certificate, in a sense.  The heirs will, as far as I know, have to appear in court before the Succession Certificate is issued and again some form of posting will be required to ensure that there are no challenges.  You will also need to post a filing fee, which I believe is 1% of the value of the property/assets being claimed as inheritance.  You should hire a lawyer to file the papers with a detailed schedule of assets that are to be inherited.

Hope this helps.


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