Legal Question in Wills and Trusts in India

intestate etc. law applicable in New Delhi.

1.what is period of limitation for making application for succession certificate.

I gather that successsion certificate is required for shares securites and not properties.

2.since brother died before mother,mother being one of the heir of brother property,was entitled to a share in brother property.Now mother too died.As I being heir of mother what is limit for claiming in court a share in brother property which my mother would have claimed.

3.time limit for filling in court regarding intestate administration of properties but since in hindu law inheritance is based on servivership then whats need of adminstration of properties in case of intestate.

4.time limit for filing application in court for probate.

kindly mention under sections in your above reply and period of limitation and time from which period begins to run.

thank you

vinay


Asked on 2/14/08, 11:55 am

4 Answers from Attorneys

Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: intestate etc. law applicable in New Delhi.

1) there is no period of limitation for succession certificate

2)whether brother has any other legal heirs if yes they would get porportionate share and if not mother would have got full in such in event you would get brothers full share

3) as no. 1

4) as no. 1

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Answered on 2/14/08, 1:56 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: intestate etc. law applicable in New Delhi.

Your answers are as below :

1- There is no period of limitation for making an application for succession certificate.

2 - If the brother has got any legal heirs they have right for an equal proportionate share and in if he has not got a legal heir in that case the mother would give the full share.

3- There is no limitation.

4 - There is no limitation.

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Answered on 2/14/08, 11:25 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: intestate etc. law applicable in New Delhi.

No Limitation or time limit. If any other legal heir he will be entitled to proportionate share.

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Answered on 2/15/08, 3:39 am

Re: intestate etc. law applicable in New Delhi.

1. At earliest.Three years.

2.After the death of mother her share shall be distributed ammong all legal heirs.

3 & 4.Three years.

Consult with details,professional charges are applicable.

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Answered on 2/15/08, 11:53 am


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