Mayur Vinod Faria – Page 9

Petition for Succession Certificate

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A petition for succession certificate must contain the following particulars:

Time of death of the deceased;
Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;
Details of family or other near relatives;
The rights of the petitioner;
Absence of any impediment to the grant of certificate;

Where to Succession Certificate

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To obtain a succession certificate, a petition must be filed with the District Judge in whose jurisdiction the deceased person ordinarily resided at the time of his or her death, or if he or she had no fixed place of residence at the time of his or her death, the District Judge in whose jurisdiction any part of the deceased person’s property may be found.

Succession Certificate for Immovables

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We have scenarios when legal heirs stake ownership of title and possession in this case. The title to a property can be transmitted by a systematic process based on a factum of a Will or the Law of Natural Succession, in which class I legal heirs are the inheritors.

A Gift Deed can also be used to make a transfer while the person is still living. A person can also claim his right across a partition in some instances.

After these steps are completed, the person has complete ownership power. Our firm can handle all connected tasks, including obtaining documentation and later selling the property if desired.

Some examples of succession certificates: Even if an overseas citizen has knowledge of specifics regarding land he believes is his, he may find himself in a scenario where either a parent or an uncle/aunt has died without leaving a Will.

Knowing that a piece of land is his does not negate the requirement for sufficient evidence to support a claim.

Some restrictions govern how a deceased person’s possessions are distributed to his or her heirs.

He will constantly require proper assistance on how to obtain legal heir certificates because it is not easy for him to understand.

The following information is required when applying for such a document:

The date and time of the deceased’s death, or a copy of the Death Certificate as verification.

Any additional property of the same individual falling under the purview of the district judge to whom the application is filed, if the deceased person’s dwelling is not within the district judge’s authority.

The deceased’s family members and other relatives, as well as their residential addresses.

Proof of what right or capacity he has to be nominated as the deceased’s successor.

There is sufficient evidence that the claimed asset does not fall under the restrictive cases and that his claim as a successor is uncontested.

Complete details of any debt or security attached.

Succession Certificate for Movables

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A Succession Certificate is a document issued by the court to the heirs of the deceased in order for them to claim movable property. It is significant, and appropriate advice should be obtained before making and implementing these.
Generally, banks will not release funds or FDs unless a document of this type is granted to the successor. It is used for movable assets such as bank deposits, FDs, and so on.

If someone dies intestate (without leaving a Will), the Civil Court might order the debts and securities of the deceased to be released. It establishes the heirs’ legitimacy and empowers them to have deposits and other assets transferred into their names. On an application filed by the beneficiaries in a court of competent jurisdiction, it is issued under the applicable inheritance laws.

The first step for any beneficiary is to file for a succession certificate in the same court within whose jurisdiction the dead person resided, to inherit the assets of the deceased or even get them transferred in his name.
The document/certificate that is issued establishes the authenticity of the petitioner and gives him the authority to have the assets transferred to his name. Along with authority, the beneficiary will also carry with him the full responsibility and liability of honouring any debt or security attached to that particular property.
For all applications made by a recipient to a court of competent jurisdiction, the document in all cases is issued as per the applicable laws of inheritance.

Succession Certificate for property

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A succession certificate is a document issued by a competent (civil) court that certifies a rightful person as the heir of a deceased person. This certificate authorises the deceased person’s successor(s) to realise debts and securities. The issuance of a succession certificate does not confer the right of succession to a deceased person’s claimed property because it does not determine the deceased person’s right, title, and interest in a specific property or the entire property. However, the intestate deceased person’s successor(s) is/are entitled to inherit the deceased person’s property (ies).

According to Section 370 of the Indian Succession Act, when a deceased person leaves a validly executed Will, the entire estate of the deceased person under that will vests on the executor of the will, and a Succession Certificate cannot be granted in such cases. In eligible cases, the District Court (Section 371 of the said Act) in whose jurisdiction the deceased person generally resided is the competent court to issue such certificate.

About Succession Certificate

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Under the Indian Succession Act, a succession certificate is a document that authorises the person who obtains it to represent the deceased in collecting debts and securities due to him or payable in his name. In the absence of a will, a succession certificate will usually be the primary document through which the heirs can stake a claim to the assets of a deceased relative.

A succession certificate should be obtained by petitioning a magistrate or a high court. In most cases, the court has a separate cell that issues succession certificates. When it comes to immovable property, there are other documents that can help, such as a gift deed.
This certificate authorises the deceased person’s successor(s) to realise debts and securities. The issuance of a succession certificate does not confer the right of succession to a deceased person’s claimed property because it does not determine the deceased person’s right, title, and interest in a specific property or the entire property. However, the intestate deceased person’s successor(s) is/are entitled to inherit the deceased person’s property.

April 1, 2022

Supreme Court has provided two weeks time to the Central government to reconsider afresh the demand made by the civil services aspirants who were unable to appear for their Main exam in January after falling ill with COVID-19.

Delhi High Court has affirmed an order passed by the single judge excusing Iranian woman from producing her estranged Indian husband before the authorities to produce her Overseas Citizen of India card application, holding that presence of both spouses for the purpose of processing an OCI card application is not mandatory

Delhi High Court has granted interim injunction in favour of liquor brand Magic Moments to restrain another company from selling or manufacturing alcohol under the name Evening Moment

Delhi High Court has ruled that the action of income tax authorities to deny the benefit of immunity from penalty under Section 270AA of Income Tax Act, 1961 to the assessee on grounds that penalty initiated under Section 270A for misreporting of income is arbitrary since the authorities failed to specify the limb under which the penalty proceedings were initiated.

Allahabad High Court has issued a contempt notice to the man who wrote a letter alleging that in the District Court, all the Officers, Judges and employees are not honest and that they have murdered the Indian Constitution.

Chhattisgarh High Court has observed that marriage expenses can be claimed by an unmarried daughter from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956.

Calcutta High Court has dismissed an appeal on the ground of maintainability by holding that the question with regard to the eligibility of exemption notification is related to the rate of duty.

Gujarat High Court has observed that devoid of a positive act by the accused to instigate or aid in committing suicide, conviction under Section 306 of the Indian Penal Code, 1860 cannot be sustained.

Gujarat High Court has held that the dealer must not be forced to pay a hefty price for the termination of the GST registration for the chartered accountant’s mistake.

Gujarat High Court has observed that simpliciter FIR registration by itself cannot have any nexus with the breach of maintenance of public order, while quashing detention order passed u/s 3 (2) of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988.

April 6, 2022

Supreme Court has issued notice in a writ petition that seeks to change the term of 3 years fixed by a notification issued by the Ministry for the members of the National Company Law Tribunal as 5 years. The Notification was issued in exercise of the powers conferred by section 408 of the Companies Act, 2013.

Delhi High Court has dismissed a public interest litigation that challenges the mandatory requirement of Aadhaar card to avail free ration under the National Food Security Act, 2013.

Delhi High Court has dismissed the appeal filed by a specially-abled tennis player that seeks to participate as a substitute player in the Deaflympics to be held at Brazil in May 2022. The Court has ruled that there is no vested right to claim that appellant should form part of the contingent in the event.

Uttarakhand High Court has dismissed a plea that challenges the Uttarakhand Subordinate Service Selection Commission LT Grade Teacher (Arts) Recruitment process 2020.

Bombay High Court has held that the authority under the Maharashtra Police Act, 1951 can pass order of externment directing externment of a person from area larger than the one of his illegal activities can be made.

Rajya Sabha has passed the Delhi Municipal Corporation Amendment Bill, 2022, that seeks amend the Delhi Municipal Corporation Act, 1957 and unify South Delhi Municipal Corporation (SDMC), North Delhi Municipal Corporation (NDMC) and East Delhi Municipal Corporation (EDMC) into the Municipal Corporation of Delhi.

News Broadcasting and Digital Standards Authority (NBDSA) has observed that a show aired by Zee News against Shehla Rashid, Scholar of Jawaharlal Nehru University lacked objectivity, impartiality. The Authority has directed to remove the video of the impugned broadcast from their website, YouTube and all other links.

Competition Commission of India has directed the Director General (DG) to investigate and determine whether the conduct of Zomato and Swiggy are anti-competitive in terms of Section 3(1) and Section 3(4) of the Competition Act, 2002.

Appellate Authority for Advance Ruling, Maharashtra has observed that no legislative intent to tax water for general purposes and holds Tertiary Treated Water (TTW) eligible for GST exemption.

Authority of Advance Ruling (AAR ), Maharashtra has observed that professional, technical, and business services with regard to mining operations attract 18% goods and services tax (GST).

April 8, 2022

Delhi High Court has granted interim protection from arrest to Ajay Singh, SpiceJet Promoter in an alleged fraud case with regard to transfer of airline’s shares to some individuals.

Allahabad High Court has ruled that if an authority, conferred with discretionary powers by a statute, avoids or does not take into account relevant considerations to the purpose of the statute in question, then its action would be held invalid.

Madras High Court has observed that it is compulsory for the teachers, who did not possess the minimum qualification of pass in Teacher Eligibility Test prior to Right to Education Act, 2009 to acquire the same within the period of nine years otherwise they would not be entitled to continue their service in the schools/educational institutions.

Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default bail under Section 167(2) of Code of Criminal Procedure, 1973 merely because the charge sheet filed by the Police after investigation sans Forensic Science Laboratory Division report.

Madhya Pradesh High Court has struck down Rule 4(3)(d)(III) of Madhya Pradesh State Services Examination Rules, 2015 that barred meritorious candidates from reserved categories to secure birth as unreserved candidates during preliminary and main examinations, as unconstitutional.

Manipur High Court has held that Magistrate cannot take cognizance of a complaint which involves an offence punishable under Section 188 of the Indian Penal Code, 1860, if made by a third party and not by the public servant.

Delhi Court has denied bail to Shifa-Ur-Rehman, President of Jamia Millia Islamia Alumni Association in connection with the Delhi riots larger conspiracy case.

Income Tax Appellate Tribunal( ITAT ), New Delhi has observed that received interest on enhanced compensation does not comes under income from other sources under section 56 and not attracts Tax Deduction at Source under section 194A of the income tax act, 1961

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore has observed that a consignment note is enough to prove transportation for customs house agent.

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that an independent contractor is not liable to pay service tax while conducting the activity of toll collection on behalf of National Highways Authority of India.

April 11, 2022

Supreme Court has upheld the constitutional legality of the recent amendments made in the Finance Act, 2020 with regard to the new provisions regarding the registration of charitable and religious trusts under the Income Tax Act, 1961.

Delhi High Court has held that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding during the pendency of insolvency proceedings with arbitral proceedings under the Provincial Insolvency Act, 1920.

Bombay High Court has granted relief for DHFL promoter Dheeraj Wadhawan, allowing him treatment for a certain period at a private hospital while setting aside the order of trial Court to shift him to the State run JJ Hospital.

Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file Writ Petitions under Article 226 or Article 227 of the Constitution of India, 1949 on the ground of exceptional circumstances.

Allahabad High Court has observed the father is entitled to visitation rights to meet his child by allowing a Habeas Corpus plea filed by a father seeking visitation rights to meet his son presently living with his mother.

Allahabad High Court has observed that the Learning Driving License and Voter I.D. Card should not be taken into account while determining the age of a juvenile.

Allahabad High Court has held the discovery of the material object/crime weapon at the disclosure of the accused is important under Section 27 of the Indian Evidence Act, 1872 but such disclosure alone would not automatically lead to the conclusion that the accused committed the offence.

Karnataka High Court has dismissed a petition filed seeking directions to the Union Government to implement the recommendation of one man judicial committee to resolve anomalies in the implementation of One Rank One Pension to all the pension drawing persons.

Gujarat High Court has dismissed anticipatory bail to a man accused of forcefully converting religion of 37 Hindu families and 100 Hindus for offences under Sections 4 of Gujarat Freedom of Religion Act, 2003 and Section 120B, 153(B)(1)(c), 506(2) of the Indian Penal Code, 1860.

Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8(C), 20(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.