Hi, My father died suddenly leaving no will. He has a flat in CHS in Pune. We are 2 sisters and we want to transfer the flat in our name. We also want to sell the flat after 2-3 years. We have been told to get succession certificate and after that pay stamp duty to get our name in flat papers. If we do not do that, we cannot sell the flat. But somewhere read it is not needed. Please suggest the process. Thanks,
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On your father's death, your mother, you and your sister have equal share in this flat. On the strength of the death certificate of your father, apply for a Legal Heirship certificate. Get the names of all the three legal heirs mutated as against the name of your father on the revenue records. Ask society, to transfer the flat in the names of the legal heirs thereafter.
You are free to sell the flat after taking the above steps.
To add more details. My mother is also no more. 1. Where to apply for legal heir certificate in pune? All hiers need to be present there for same or I can apply for all hiers with all documents in place? 2. What is the process to get the names of all legal heirs mutated as against the name of father on the revenue records? 3. What will be the cost for all this process to get legal heir certificate and get names mutated? 4. Does this mean succession certificate not needed? 5. While selling the papers will have fathers name, how to convince buyer in that case? Someone told me your house will not sell or you will need to compromise on cost. Thanks
1. Approach the Tehsildaar in the Office of the concerned Revenue Department. Presence of your sister will not be required to apply for this certificate. Documentation that will be required:
A. Original death certificates of both your mother and father.
B. Document such as ration card, that will establish your relationship with your father.
C. Aadhar for both of you and an Affidavit that there's no other legal heir except you two.
I'll advise you to engage the services of a lawyer to get this done.
To get the mutation done, apply for the same with all the relevant documents together with the Legal Heirship certificate. The LHC will dispense the requirement of a Succession certificate.
Cost etc. involved would depend on the fact that whether or not you're engaging the services of an Advocate. Even otherwise, the cost will not be too exorbitant. Professionals fee of a lawyer differs from Lawyer to Lawyer.
Once all the formalities as advised by me are undertaken, you'll not have to compromise in any manner as regards to the sale consider. You be competent to sell it on the best rates.
I hope I've been able to address your queries. Do let me know incase you need to know anything else.
Best,
Vibhanshu Srivastava Adv.
1) succession certificate is only for movable debts an securities
2) you have not mentioned whether your father left any nomination form
3) if he did not leave any nominate apply for and obtain letters of administration from district court
1) legal heir certificate will not be issued for flat
2) you need LA from district court
3) even of issue of LHC you need to file petition in district court for issue of LHC
4) once LA is issued apply for transfer of flat in your name and that of sister
5) without LA is issued and flat transferred in name of legal heirs you would be at lliberty to sell the flat
Hi, you and other legal heirs can file a civil suit for declaration.. Once the court passes a decree in your favour , you can get the property mutated in your favour.. No stamp duty will be required after the decree is passed in your favour ..
Succession certificate is required only for movable property and casualty for immovable property.
For transferring immovable property you shall have to obtain a legal heirship certificate from the Tahsildar.
After obtaining a legal heirship certificate you may apply for transfer of all the records to you both jointly.
You both can sell the property later on jointly.
1. You can approach the jurisdictional Tahsildar with an application seeking legal heirship certificate. You can submit the application yourself but the names of all the legal heirs are to be included in it.
2. The process to get the property mutated to your names shall be by submitting an application enclosing the death certificate and the legal heirship certificate.
3. The fee for the purpose may be enquired locally.
4. The succession certificate will not be applicable to this situation.
5. Once you get the property transferred to your names, his name will remain deleted automatically, don't get frightened over the unnecessary rumours