Legal Question in Wills and Trusts in India

dear client...

Approach a lawyer as you need to file in district court High court does not issue such certificate

with regards

Uttam tibrewal

In Mumbai, Bombay High Court issues this. There is no standard format, you will need to engage lawyer for this.

22.03.2013

Dear Sir / Madam,

In case you have to obtain a Succession Certificate for succeeding a near and dear departed relative, who has died without executing any "Will", of whom you are a heir, you have to do the following :

The Application form is available at the designated counter at Old Custom House, Fort, Mumbai which is to be made in the Mumbai High Court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]

You have to apply to the Mumbai High Court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.

It should roughly take about 3-4 months from date of filing to receive your certificate.

Regards,

FCA Prashant Chavan

Mumbai

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