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