Hi, sir you can either apply for succession certificate in court .. It will take around to 2-3 months to obtain the certificate .. Second option is that you can file a civil suit for declaration , the court will grant you a court decree in your favour .. It is a fast procedure and will done within a month ..
Transfer of Property for sole legal heir(son.....
Sir, My mother died on [deleted], she has a builder floor in her name, she died intestate, I am her only child and my father died in 1990,This is to inform that i hade applied for mutation of property in north mcd . Later i received a letter from MCD office on [deleted] that i need to verify my original documents and need to submit succession certificate in original. I went there in Civil lines zone on [deleted] and met the concerned(His name was Nitesh), he verified original property papers but said that we need succession certificate instead of surviving member certificate. I told him that i sold my property in uttrakhand last week using only surviving member certificate and other needful documents and they didnot ask me to produce succession certificate but u need it. you are therefore requested to clarify me for the further course of action and also tell me whether i could sell it after mutation or not. Thanks and regard Rajesh kumar Kashyap, mob. [deleted]
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
However the succession certificate is to be issued on the basis of surviving member certificate or family register all name of the family members mentioned in Ration card. If you have sold out one property on the basis of surviving member certificate you should produce that document for issuing of succession certificate. You could not sell it after mutation because mutation certificate is a document acceptable to proof of ownership
1) succession certificate is only for movable debts and securities
2) since your mother died intestate you need letters of administration from district court
3) mere mutation does not confer any title to property
4) entry in revenue records is only for payment of property taxes
sIR, LETTER OF ADMINISTRATION AS FAR AS I KNOW CAN BE SEEK WHEN THERE IS A WILL BUT NOT PROBATED
Asked 8 years ago
you can obtain letters of administration when persons dies intestate
Hello,
You will have to obtain the succession certificate and not the letter of administration.
Yes once the mutation is done and the title comes in your name then you can sell the same.
Regards
The succession certificate is not applicable to immovable property.
You have to obtain a legal heirship certificate from the local revenue department
If the authorities still object or refuse then you may contemplate to initiate appropriate legal action against the authorities for relief and remedy
