succession certificate in India

About Succession certificate

A succession certificate is granted by the court in order that legal heirs get a full authority to control the debts and securities of deceased father or mother, husband or wife. Now since after death of a person a legal heirs are the immediate persons who will get the movable assets of a deceased person. The process of succession certificate is a summary process to determine the authenticity of legal heirs.

 

succession certificate

 

About Application to get succession certificate.

In order to get the succession certificate an application under section 372 of Indian succession act is to be filed in the court of senior civil judge, jurisdiction is determined on the basis of where the decease resides or where his assets are situated.

Procedure

The civil judge will examine the application and on first date of hearing would pass following orders

->Publication in leading newspaper.

-> Order SDM of deceased residence to examine legal heirs.

-> order the bank where assets are situated to come up with all records.

Once these steps are cleared and there is no opposition and statements of all legal heirs are recorded the court would grant the succession certificate by furnishing indemnity bond an surety.

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GPA checks-Is your property legally safe?

If you have purchased a property on GPA make sure one thing that you have notarized it or authenticate it by the magistrate. Section 85 of the evidence act says a GPA when presented in the court is presumed to be authentic only when 1) the parties have signed the GPA in front of public notary or magistrate as per s. 85 evidence act 2) It must be authenticated by notary or the magistrate this means a seal or endorsement is there on the GPA.

Remember-: If you have failed to follow these steps then you cannot say the GPA is authentic and presumption under S. 85 will not be in your favor.

GPA, property

Registration

You need to register a GPA which can be converted into conveyance deed in order to initiate a valid transfer of title. Title of the property means the ownership. One cannot claim title to property if the sale deed or GPA is not registered. So if you are trying to save the stamp duty remember legally you may not be protected.

S.17 of registration act along with S.54 of transfer of property act says that if you want to transfer a valid title of the property then it must be registered, else GPA would act as agreement of sale and is an incomplete transaction. This point was held in recent SC judgement  of Suraj Lamp. Now if anyone says to you that purchase property on GPA then it would be risky to protect your title easily and somebody else can take your title very easily, multiplicity of GPA is also possible as it is not registered can lead to fraud and cheating. So registered transactions are always safe and sound.

Paying the stamp duty is the cost to protect your title and interests in the property and would protect you in long run.

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Amend your consumer complaint  

Have you inserted wrong claim?or left claim in your consumer complaint, Just remember  you cannot claim it in another suit, what option you have?

The amendment of consumer complaint is possible and is governed by principles inscribed in O6 R17, The principles are described herein under-:4

The amendment of the consumer complaint should be allowed unless and until-:

1. It prejudices the rights of other party which cannot be compensated with costs.

2. That a time barred thing is added in the claim/relief.

3.That it changes the nature of the suit.

4. A completely new cause of action is added.

The amendment ofconsumer complaintis seldom used and that is why many of the relief/ claim are awarded partially. Now main problem with amendment of relief/ compensation is that it may cross pecuniary jurisdiction. In a recent judgement NCDRC held that the pecuniary jurisdiction of the consumer courts is decided on the basis of what is claimed rather than what has been awarded. So if your principal and interest together becomes more than the pecuniary jurisdiction of the fora. Its better to approach higher fora.