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Whether succession certificate is mandatory in order to get possession through a testamentary will?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

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Question: Whether a succession certificate is mandatory in order to get possession through a testamentary will? Whether one can apply for grant of succession certificate for immovable property u/s 372 of the Indian Succession Act, 1925? Father of the petitioner is claiming immovable property under a will executed in 2010. Father dies in 2018 and excludes his three married daughters because they are well placed and father had spent a huge amount in their marriage. 

Asked from: Delhi

No need to apply for a succession certificate only for devolution of property as per the desire of the testator. The testator (maker of Will) made this will to distribute his property, after his death, among the person mentioned in the will. 

This (devolution of property) was not a pre-existing claim or a debt. It is the settlement of property which will devolve as per the scheme of the testator. So the succession certificate is not required. Instead, you should file a probate and execute the will.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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