• Document for Legal Title

What document(s) are required to show inheritance of property in case of no registered will? Is Surviving Member Certificate sufficient? 

We are three sisters wanting to reconstruct our house. To pass the plans the Authority has questioned our ownership of the title of the property. We have submitted Surviving Member Certificate along with indemnity bonds, affidavit, declaration deed. Now they are asking for succession certificate?

Please advise.
Asked 8 years ago in Property Law
Religion: Hindu

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17 Answers

succession certificate is only for movable debts and securities

2) you need to obtain letters of administration from district court as your father died intestate

3) LA takes around 6 months if there is no contest

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Yes, the surviving member certificate or the legal heirship certificate should be sufficient to demonstrate this; and on this basis, you may get your name registered in the revenue records and/or get the maps sanctioned from the competent Authority

However, if they are insisting a succession certificate, approach the Court and apply for obtaining one. Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes the surviving member certificate is sufficient to show that you are one of the legal heir.

On the basis of Surviving Member Certificate along with indemnity bonds, affidavit, declaration deed apply for the succession certificate in the lower court.

Contact a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Succession certificate is not for immovable property. The title of property cannot be claimed by the succession certificate.

The letter of Administration has to be obtained from the civil court in your case.

You can a file for mutuation of property records in your names by giving mutuatim application before sub registrar along with death certificate of your father ,copy of rasan card and affidavit stating your inheritance right, surviving member certificate this will show your valid title in property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) If they are asking for succession certificate means this property is inherited from your parents, if your parents are not alive than you have to submit succession certificate if no nomination is mentioned on property card. On land records or property card nominee names must appear if you want to apply for it if it is not mentioned on property than apply for succession certificate in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

Succession Certificate is issued in case of immovable properties, but for security" like --

(a) any promissory note, debenture, stock etc.

10th mark sheet is enough to prove faster daughter relationship , old ration card etc.

Or apply to local Tehsildaar for Legal Heir Certificate.

Still they demand succession certificate, take it in written and appeal to higher authority.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Draft a letter to the authority concerned as follows:

"We are the joint owners in possession of the house bearing No.________________________________________

after the death of Sh/Smt._________________________ who was the owner of the house by virtue of sale deed bearing No._________ dated______________ (Copy of death certificate and sale deed enclosed).

We are the only legal heirs of Late ________________________________. We are submitting herewith:-

i. Surviving Member Certificate

ii. Indemnity Bond

iii. Affidavit

iv. Declaration Deed

We want to reconstruct the house and request you to approve the building plan (attached) enabling us to take necessary steps.

Thanking you,"

SEND THIS LETTER ALONGWITH COPIES OF ANNEXURES BY REGD./SPEED POST.

IN CASE THERE IS NO REPLY FROM THEM WITHIN 15 DAYS, SEND THEM REMINDER AGAIN.

SEE, THERE IS NO REQUIREMENT FOR SUCCESSION CERTIFICATE FOR TRANSFER OF INHERITED PROPERTY. THE CONCERNED OFFICER IS UNNECESSARILY HARASSING YOU.

AFTER SENDING TWO REMINDERS, SEND A LEGAL NOTICE TO THEM THOUGH A LOCAL LAWYER.

MIND IT, THEY WILL NEVER ASK FOR SUCCESSION CERTIFICATE IN WRITING.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

His concern is right and he will not sanction the same without seeing the succession certificate.

You will have to obtain the succession certificate from the civil court.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Apply for letters of administration from district court

2) enclose death certificate of deceased father

3) pay the court fees

4) notice would be issued to legal heirs

5) if no objections are received you would get LA in 6 months

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

So get the mutation of property done or obtain a letter of Administration the title of the property will be clear the in your name.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Corrigendum

Succession Certificate is not issued in case of immovable properties, but for security" like --

(a) any promissory note, debenture, stock etc.

For immovable property,letter of administration or declaration, heavy court fees.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Ok. Obtaining a succession certificate is not a rocket science.

You can get in touch with a local lawyer and apply for obtaining a succession certificate.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Madam,

Following are the rules framed by DDA itself please follow the link where format of affidavit also given. Nothing to worry.

GUIDELINES FOR

TRANSFER OF REGISTRATION

IN DEATH CASE

HOUSING DEPARTMENT

DELHI DEVELOPMENT AUTHORITY

TRANSFER OF REGISTRATION IN DEATH CASE

The following documents are required to be submitted:

ß Affidavit on Non-judicial stamp paper of Rs. 10/- regarding survived legal

heirs from the transferee duly attested.

ß Consent letter on Rs. 100/- non-judicial stamp paper from other Legal heirs

duly registered.

ß Indemnity Bond on Rs. 100/- non-judicial stamp paper from the transferee

duly registered.

ß Registration certificate in original.

ß Fixed Deposit Receipt in original.

ß Death certificate in original.

ß Photograph and specimen signatures of the transferee duly attested.

ß Documentary evidence of relationship i.e. attested photo copy of:

ß Ration card.

ß Passport, etc., or

ß School Leaving Certificate, etc.

AFFIDAVIT

Affidavit of ______________ s/o ___

https://dda.org.in/docs/REGTRANSFER.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

It is none to their business. Third party will come when you have any other brother and sister. When you are giving DDA surviving members certificate, indemnity bond, etc. how the third party will come. Send them in writing and they will never ask for succession certificate in writing. Let them give in writing, file a suit against DDA for mandatory injunction directing DDA not to opt for succession certificate and sanction the building plan in favour of you being the legal owners of the house. The man concerned has little knowledge. Inquire his name and designation and make him party in the suit. Before filing the suit, send the legal notice and see the result.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Hello mam , you have to obtain a succession certificate from court .. After you recive the certificate , the court will pass a decree in your favour and you can do mutation of property in your favour ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Succession certificate is not applicable for immovable properties.

You can obtain legal heirship certificate from the local revenue office or the Tehsildar.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

The man in DDA says his "concern" is that if tomorrow some fourth party (heir) turns up (which isn't the case) then DDA will be liable in case of any lawsuit. He says that DDA needs a clear title to the property to sanction the plans

You can obtain a legal horsewhip certificate and then apply for mutation of records jointly in the names of the successors to the deceased

This will suffice the requirement of the local civic body.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

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