Legal Question in Civil Litigation in India

We are two brother and three sisters also have stepmother. After my father's death now we need succession certifcate but step mother does not live with us. now if I apply for succession certificate and court summons to all legal heir and step mother does not reply then is it possible to get succession certificate. Please tell me if court thinks step mother as ex parte can I get succession certificate. And somebody told me fee will be 11% of total amount. I am in uttarakhand india is it right.


Asked on 8/31/10, 9:09 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

regarding the fee i am not sure but if the step mother does not appear despite service, she may be proceeded ex parte but in case she appears, she may claim the share.

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Answered on 8/31/10, 10:40 pm
Vishwa Arya Arya & Co.

each state has its own duty structure for succession.

also, step mother would be near relative for succession only if marriage was lawful

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Answered on 9/04/10, 11:47 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Lawyers' fee are not dependent upon value of property; you may need to settle the matter mutually with a lawyer of your choice.

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Answered on 9/09/10, 12:19 am


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