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Legal service India => Property laws => Topic started by: chetanamale on March 13, 2016, 12:00:44 AM

Title: Succession Certificate - For Property,Banks
Post by: chetanamale on March 13, 2016, 12:00:44 AM
Hello Respected Members ,

My father sadly demised last year without a will , we need to transfer his belonging to mother's name
and I have following questions

1.For bank FDs and account , he did not have a nomination , the bank now is asking for sureties equal to the amount - which we are finding hard to get. Will succession certificate will help here ?
If we give succession certificate to the bank , will they still ask for sureties ?

2.Similarly need to transfer house on his name, in this case again do we require a succession certificate ?

3.Do a succession certificate can be used ONLY for transfer of movable properties ( like bank accounts, cars etc.)? It can not be used for immovable properties - like home etc ?

4.Where I need to apply for succession certificate ? and does it hold good for the entire state ?
like if I get a succession certificate from one city within the state, does it hold good for entire
state as such ? or I need to get new succession certificate for each city ?

5.Any other useful advice that will help us at this moment.

Thanks and regards
Title: Re: Succession Certificate - For Property,Banks
Post by: adv.amarnath on March 14, 2016, 11:26:05 AM
You have to go for Succession Certificate as well as Gift Deed but it can  tactfully executed. It is better to go for consultation in details for better execution and settlement of property with less paying taxes and stamp duty
Title: Re: Succession Certificate - For Property,Banks
Post by: rajgopal sripathi on March 14, 2016, 10:43:50 PM
First you should get a family member certificate from the mandal revenue office.
then along with the death certificate of your father and family member certificate you will need to file for succession certificate in the district court where you as family last resided.  One succession certificate is good enough for entire india. As rightly pointed out by you, succession certificate is only for movables.

If you have the death certificate and family member certificate, you can transfer/mutuate the Immovable property amongst the legal heirs of your father.