• Succession certificate

Hello 

I am from Delhi , Property owned by my father who i lost Aug 5 2017 , property is freehold ( Flat MIG )
now to avoid further complications i need some legal advice , problem is unique i am the only child , no brother no sister , father never married again but now problem i have is to get the succession Certificate i need mothers Death Certificate which i don't have since she Expired 1984 i was small and no records to be found so now i am in dilemma how to proceed for clear title for the house for less complications in future , why i need it ? the reason is in future i may sell or mortgage to do so i need to change my name in property .Ration card only Me and Father name present will this help as proof ?.

1 Some Suggested to Fill I-Forum and get it signed with Registrar then go to MCD apply and pay the tax as owner ( MCD) .
 2 But some said this should not solve the problem in selling the flat able to sell u need clear court succession certificate but how to go about my case .
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Succession certificate is only movable debts and securities

2) you need letters of administration from court

3) you need mother and father death certificate

4) death must have been registered in municipal records in Delhi

6) take search of the records with the registrar

7) mutation of property is only for payment of taxes

8) it does not confer title to property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

You will have to get an succession certificate, you go ahead and file a suit for succession certificate and if the judge dismisses it on the technical ground on merits then you appeal before the Higher Forum. As of now you can give it on affidavit that your mother passed away in 1984 and also get a news paper publication done which will support your case.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

In your case the relationship certificate and death certificate is enough for selling the land.

A succession certificate, issued by the court after necessary investigation, establishes who the legal heirs are and grants them the authority over the debts, securities and assets of the deceased. It also mentions the relation of the petitioner with the deceased, details of other surviving legal heirs, the time, date and place of death of the deceased and that the deceased died intestate.

If needed please go through the steps for obtain a succession certificate .

Application:

A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.

Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity

thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

Details: The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.

Process: 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. The 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.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. You must be having the sale deed of the property registered in favour of your father. On the basis of the death certificate of your father you can apply for mutation to be sanctioned in your favour. It can be sanctioned even in the absence of death certificate of your mother, albeit it will be cumbersome process now.

2. If the death of your mother was registered then you can obtain the certified copy of the death certificate from the office of registrar of births and deaths.

3. To sell the flat you only have to convince the prospective buyer about your title, to which end you require the original sale deed of the property and the mutation certificate. A clause can be included by you in the sale deed, at the time of the sale, to state that your mother is dead and you promise to indemnify the buyer against any consequences arising out of a defect in title.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Succession certificate is not necessary for transfer of immovable property to your name.

You can apply for legal heirship certificate from the Tahsildar's office or local revenue department.

You apply for legal heirship with the jurisdictional Tehsildar's Office by submitting your father's death certificate.

After obtaining the same you may apply for mutation of revenue records of the property to your name.

After mutation, you may transfer other records of the property namely water tax, electricity and other civic amenities including share certificate of the flat from the society to your name.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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