• Succession certificate issue - one member name is not mentioned

Hi,
I want to purchase flat in navi mumbai, but owner of said property is recently pass away. Now there are only three members left in his family- wife son and daughter. His son has obtained succession certificate from court in the name of himself and wife only. Daughters name is not mentioned in said certificate. 

so now pls tell me what are the documents required for executing sale deed on behalf of deceased person. 
Will it be ok if his daughter’s name is not mentioned in succession certificate? 
What precaution do I need to take while purchasing flat and executing sale documents?
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

Hello,

You are advised to go to the registrar office and conduct the proper due deligence of the property in issue. However, if name of the daughter is not there in the succession certificate it will not create any trouble for you to purchase the property.

Sale deed legally cannot be executed on behalf of the deceased person, first the son or mother of the property will have to get the property transferred in there name and then only they can sell it to you.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased.The certificate is granted by a competent civil court after you file an appropriate petition mentioning the details of legal heirs, property etc. The court will thereafter issue notices to all the legal heirs to attend the proceedings. he court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.

If the property is in the name of deceased person then all the legal heirs must signed in the sale deed .One of the core legal documents that evidence the proof of property sale and transfer of ownership between the seller and the buyer is the Sale Deed. It is important that a Sale Deed should be registered and before it is executed, one should execute a ‘sale agreement’ and should ensure that all the conditions between the seller and the buyer are complied with. Also, before the sale agreement is executed, the buyer should check for a clear title and whether the property has any encumbrance charges on it.

List of documents required

1. Sale deed (Present Title deed) in name of present seller.

2. Encumbrance Certificate from date of purchase till date

3. Latest tax receipt and electricity bill & receipt for the said flat

4. NOC from the society for sale of the flat and Share certificates issued by the society if any.

5. Mother Deed’ or parent document

6. Agreement of sale & construction executed by developer in favour of seller(Ask to produce original agreement with builder)

7. Khata certificate & extract from BBMP

8. Sanctioned building plan

9. Possession/occupancy certificate from builder

10. Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder

11.Death certificate

12.Legal heirship certificate or Succession certificate

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1) succession certifcate is only for movable debts and securities

2) for immovable property you need letters of adminstration from court

3) in any case in succession certifcate name of all legal heirs have to be mentioned ie wife , son and daughter

4) for sale deed signature of all 3 legal heirs is must

5) dont purchase the flat

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Daughter's name should have been mentioned in the succession certificate as the legal heirs of the man, if he died intestate, are his widow and children. The share of daughter is at par with that of son.

2. Alternatively, the daughter should be a confirming party to the sale deed to be executed in your favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the deceased owner has left behind more legal heirs other than what has been shown in the succession certificate you may insist to get the signatures of all the legal heirs who are entitled to a share in the property left behind by him. This may include the mother of the deceased too.

Take a legal opinion from a local lawyer before proceeding with the payment of even advance for the purchase.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

You should engage a local lawyer

He would draft format of public notice and no claim certificate desired by you on payment of his legal fees

It depends upon facts of each case

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

There is no such thing called no claim certificate and any such funny ideas are not maintainable in law neither this will be a binding on those people who would plan to sue the other person at a later stage.

Court will not issue any such certificate nor the newspaper publication will save this situation or come for any rescue.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If you want the document then you may engage any lawyer from this portal to draft it by opting for 'Review a legal document'.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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