how to get succession certificate for deceased father property in Shillong

Detailed Legal Analysis

To obtain a succession certificate for your deceased father's property in Shillong, you need to follow a specific legal procedure outlined under the Indian Succession Act, 1925.

A succession certificate is essential for establishing the legal heir's right to inherit the deceased's movable properties such as bank deposits, shares, and other assets. The following steps can guide you through the process:

• Eligibility: Only legal heirs of the deceased, such as sons, daughters, or spouses, are eligible to apply for a succession certificate.
• Gather Required Documents: Prepare the necessary documentation, including:
  • Death certificate of the deceased father.
  • Proof of relationship (like birth certificates, marriage certificates).
  • Identity proof of the applicant (Aadhaar card, PAN card).
  • Affidavit declaring the legal heirs.
  • Any additional documents proving the deceased's ownership of the property.
• Filing the Application:
  • Approach the District Court where the deceased resided at the time of death.
  • File a petition for a succession certificate under Section 370 of the Indian Succession Act, 1925.
  • Ensure to provide all required details such as the names of the legal heirs and the properties involved.
• Publication of Notice: The court may require you to publish a notice in the local newspaper to inform any potential claimants about the application.
• Hearing: Attend the court hearing, where the judge will review the petition and any objections if raised by other claimants.
• Issuance of Succession Certificate: If satisfied with the evidence and documents, the court will issue the succession certificate, which will generally take a few months, depending on the court's schedule.

It is advisable to consult a lawyer specializing in family law to guide you through the process of obtaining the succession certificate and to ensure that all legal formalities are appropriately followed. The relevant provisions for succession certificates are encapsulated in the Indian Succession Act, 1925, specifically under Sections 370 to 392.