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
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.
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
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.
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
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.
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.
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.
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.
Thanks for all your suggestions and inputs. 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.
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
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
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.
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.
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.
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
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.
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 ..
Succession certificate is not applicable for immovable properties.
You can obtain legal heirship certificate from the local revenue office or the Tehsildar.
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.