Chennai Civil Lawyer

Succession : The ordinary meaning of the word “Succession” is a transmission by law or by Will of a man to one or more persons of the property and the transmissible rights and obligations of a deceased person. The law of succession on death is the law governing the transmission of property vested in a person at his death to some other person or persons. Succession certificate  is a document whereby a person is appointed as administrator on the estate of deceased person. Succession certificates determine the receipt of debts and their interests. It also instructs for the distribution of estate among legal heirs keeping in view of laws relating to succession. Object of succession certificate : Its object is to facilitate collection of debts by the person who has prima facie clear title to succession and has beneficial interest in debts. This right is decided in summary manner. Jurisdiction of Court: Question of Jurisdiction is essentially linked up with residence of d...

Probate is the process of proving the last Will of a deceased person in a competent court of law.  When a person dies, somebody has to deal with their estate. It is usually the executor of their Will who administers the estate and handles the disposal of their assets and debts. In order to get authority to do this, they usually need to obtain a legal document called a 'Grant of Probate'. To protect the interests of those who hold the deceased's assets (for example banks) the executor may be asked to prove they are authorised to administer the Will before the assets can be released. The Grant of Probate is the proof required. To obtain a Grant of Probate, the executor named in the Will must apply to the Probate Section of the High Court or the competent court of law as provided by the Indian succession Act. If their application is approved, the executor is given a Grant of Probate to confirm the author of the Will has died, the Will is authentic and the executor is who ...

The Succession Act provides for certain grounds on which a Probate of a Will may be revoked, however such revocation can only be effected if the person challenging the Probate is able to convince the competent court that it is necessary to revoke the Probate 'for just cause'. Further for challenge of a probate, the law of limitation must also be abided by, as probate operates as a 'right in rem' granted by the competent court, operates from the date of grant of the probate, therefore a challenge which is hopelessly barred by limitation cannot be entertained by any court of law. Further, an order of revocation of the Probate would operate prospectively and such revocation does not obliterate bona fide transactions entered into by the executor during the pendency of the Probate. The challenger can challenge the Probate of Will on the following grounds: 1. The proceedings to obtain the grant of Probate were defective in substance; or 2. The grant of Probate was obtained...

It can be difficult task to challenge a Will. In most of the cases, courts stick stringently to Wills, since the testator is no longer there to defend himself. However, if you have an interest in the Will, you can challenge it, and if you are successful in convincing the court, then the Will can be voided in its entirety or in part. It is advisable to seek an advice from a practicing lawyer before challenging the Will, since the law surrounding challenges to a Will is complicated, plus, the facts of each case are unique. The Will can be challenged on any of the following grounds: Lack of due execution: A valid Will has to be in writing and signed by the testator in the presence of two witnesses, who must also attest the Will. If the process is not followed to the hilt, the Will can be challenged in the court of law. Lack of testamentary intention: Here, the person has to prove that the testator had no intention to make a Will, however, this plea is rarely used, as it is difficult to...

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court. Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off” period can be waived off as it is not mandatory. The Apex court clarified that if all the efforts to reunite parties and mediation and conciliation also fails between them then the wait for a six-month period can be done away with. This ruling was passed by the court after a petition was filed by a couple seeking direction to waive off the cooling off period as they have been living separately for 8 years and they had already settled all issues pertaining to child custody and alimony.The couple made a plea before the Supreme Court that delay in divorce would affect their chances to resettle in life. In the present matter, the court took a stand that delay in proceedings only prolongs subsequent resettlement. Waiving of...

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed. Section 372 in The Indian Succession Act, 1925 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by...

Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person’s estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased’s will .. Sec.278. Petition for letters of administration.— (1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating— (a) the time and place of the deceased’s death; (b) the family or other relatives of the deceased, and their respective residences; (c) the right in which the petitioner claims; (d) the amount of assets which are likely to come to the petitioner’s hands; (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegat...

Probate only to appointed executor.- (1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A wills that C be his executor if B will not. B is appointed executor by implication. (ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds “but should the within-named C be not living I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication. (iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,–“I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates”. The nephew is appointed an executor by implication. Persons to whom probate cannot be granted.- Probate cannot be granted to any person who is a minor or is of unsound mind ...

A person who expires has either made a ‘will’ or died ‘intestate’. In case a person has made a ‘will’, it should be submitted for Probate after his death. A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor’s authority. A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. In case a person dies ‘intestate’, then all the legal heirs have to apply to a competent court for a ‘Succession Certificate’ so that his property can be devolved upon his successors What is succession Certificate: A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the d...

Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal Will. Succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it. Succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisation and person request for succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities. Procedure for Obtaining Succession Certificate To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided...

Usually, a succession certificate is the key document that you need. "In the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative," says Bobby Portia Alex. A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. For a succession certificate, you need to apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates. When it comes to immovable property , there are other documents, like, for instance, a gift deed, that can help. K.P.Satish Kumar Advocate, Managing  partner, Daniel & Daniel, says, "In some states, in cases of intestate succession, property can be gifted or the share in the immovable property can be released by the legal heirs to...

Will is a legal declaration of the intention of a testator with respect to his property, both movable and immovable. The essential characteristics of a Will are that it must be intended to come into effect after the demise of the testator and it must be revocable by the testator at any time. Many disputes can be resolved at the very outset if there is a clear disposition of one's property in a Will. Had late Sanjay Gandhi, son of late Indira Gandhi, left behind a Will, the possibility of any dispute surfacing between the mother and her daughterin-law would have been remote. By means of a Will, one can appoint in writing, a testamentary guardian for his infant children. One can have somewhat greater provision for a handicapped child, a widowed daughter or an invalid parent. One can make some provision for a faithful servant, a nurse, a friend in need of money and so on. Further one can fulfill his spiritual desires like creating a trust, donating to good causes like orphan...

 Appoint a right executor in case of Not appointing the right executor THIS IS A VERY common mistake among those making a will as they either appoint people who are in the same age group or someone who doesn’t have their best interests at heart. “People tend to appoint as executors relatives, friends or those in the same age bracket, instead of selecting younger people,” says K.P.Satish Kumar Managing Partner Daniel & Daniel. “Another common mistake is appointing minor children as executors,” he says. “One must ensure that the executor is the best choice for the time-consuming and complex job. He or she must be trustworthy, know about your wishes, and work according to your will, not his own,” he adds. To ensure objectivity and avoid any vested interests in execution, you could also have a third-party administrator for your estate, as did Chennai-based Property dealer Mr.Rajesh Jain , who has recently had a will drafted for his mother through a lawyer. “We didn’t want a...

Not being specific & detailed WRITING A SPARSE, vague will is another error that can be easily contested and exploited. “The will should be extremely detailed to avoid any future confusion and dispute among family members,” says Bobby Portia Alex, leading women Lawyer in Madras High Court. To make your will precise, ensure that you list all your assets, movable and immovable, in great detail. “Make your will as specific as possible. Mention each and every bank account, locker numbers, or property details,” affirms Bobby Portia Alex. This means that you mention every bank account, with the number, bank name and address. Similarly, for investments and insurance, list the scheme name, number, financial institution, and insurer, along with the addresses. For more than one property, distinguish each one clearly by listing dates of purchase, addresses, taxes paid, etc. "The most important aspect of a will is the testator’s valid signature. Since a will can be written on a...

Not updating the will DON’T THINK your job is over once the will is made. If there is any alteration in the status of either assets or heirs, you should draft another will to incorporate the changes. There is no limit on the number of times you can update the will. Any lifestage development, such as the birth of a child, marriage or divorce, will call for a redistribution of assets. Similarly, if any asset has been sold or new ones bought during the testator’s lifetime, these will have to be removed or included in the list as per the owner’s wishes. For Nagaraj, who is self-employed, this is a real possibility because he is only 47 and has two kids, one of whom is a minor. “If there is a change in my assets, which is very likely, I will update the will,” he says. Updating is not very difficult. All you have to do is to draft a new will, including a declaration that it is your final will and revoking all other previous wills and codicils (this is a document executed by a person w...

Death is a certainty. If the company fixed deposit holder dies before the maturity of the company fixed deposit, it becomes a task for his survivors to claim the money. Here is how you can overcome that situation. Fixed deposits are a popular investment option especially among the retired citizens who live on regular income. To avoid uncomfortable situations and running around. investors and their family members should be aware of the claim process in case of death of the deposit holder. Death is a certainty and to avoid inconvenience of cumbersome process of claiming maturity proceeds of a fixed deposit, it is advisable to take care of this aspect right at the time of investing in a fixed deposit. But before that, let's understand the different options and the consequences, in which a fixed deposit investment can be held. MODE OF HOLDING Joint holding with “Anyone or Survivor” option This is the most preferred and convenient option for ensuring that survivors do not have to face ...

Section 372 of the Indian Succession Act, 1925, provides for the procedure to obtain the succession certificate. Petition A duly signed and verified application, as per the code of civil procedure 1908, must be made to the civil court or high court of competent jurisdiction. Top documentation lawyers in India can draft and file a petition for succession certificate on your behalf. Details Details like petitioner’s name, the name of legal heirs of deceased, relationship of the petitioner with deceased, right of petitioner, residences of relatives and family of deceased and details of death along with the death certificate debts and securities for which the succession certificate has to be obtained have to mentioned in the petition. Fee According to Schedule II of The Court Fees Act, 1870, a certain amount is levied as court fee for this process. Stamp Duty may vary from state to state. Process The court issues a newspaper notice for 45 days. Any person having a problem with it can file...