• Succession certificate

My mother an Indian citizen married a non citizen. He passed away a few years ago. My mother has no information about his son's whereabouts (all non citizens of India and have never visited India either). How does my mother sort his estate without having any contact with his sons? How does my mother apply for a succession certificate? How doe's she get a NOC for the estate etc. My mother has been in this dilemma for all these years. Any advice will be appreciated. 
Thank you.
Asked 4 years ago in Property Law
Religion: Christian

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13 Answers

Your mother can apply to District court under whose jurisdiction the property is situated for succession certificate and state the fact before the court and the court shall after giving a notice on last known address of the other legal heirs and if necessary a newspaper publication for notice inviting objection if any shall grant succession certificate to your mother.

A petition for succession certificate must contain the following particulars:

Time of death of the deceased;

Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;

Details of family or other near relatives;

The rights of the petitioner;

Absence of any impediment to the grant of certificate;

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The mother can mention same in petition of succession certificate on affidavit that the address is not know to her after so much of time no body turned up and court for satisfaction can ask for a bond or surety.

The court can accordingly order and grant succession certificate.

On succession certificate the share certificate can be transfered on her name by the society there shall be no issue in that.

Succession certificate is valid document to claim asset of the deceased, you donot need to convince them they will have to transfer the same in name of your mother on succession certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) She can apply for the legal heirs & Succession certificate in the court and she is entitled for it.

Succession certificate

Usually, a succession certificate is the key document that you need. "In the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative," . A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name.

For a succession certificate, you need to apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates. When it comes to immovable property , there are other documents, like, for instance, a gift deed, that can help. "In some states, in cases of intestate succession, property can be gifted or the share in the immovable property can be released by the legal heirs to each other. This can be done by executing and registering the gift deed or release deed with the registrar of assurances."

2) Once she submits the Succession certificate a Society will issued NOC certificate for the estate agency.

3) For applying share certificate and submitting the succession certificate to Society, The Society will published same in the NEWS paper and your mother also published separately Notice of getting Ownership of flat. Than after 15 days the share certificate will get transfer on your mother's name if not received any Objection from any his family member.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Succession certificate is only for movable debts and securities

2) your mother had to apply for and obtain letters of administration from HC or district court having jurisdiction

3) notice has ti be issued to all legal heirs

4) you can serve them at last known address

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

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

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.

The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.

File a petition along with 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. If the address is not known then file an application for seeking paper publication

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

1. The question of applying any succession certificate only arises f he leaves any movable assets in India.

2. if so then your mother can apply for it disclosing the legal heirs she knows about and if she has no knowledge about his sons from previous marriage then there is no need to mention them in the application for succession certificate.

3.So once succession certificate is issued the Society is bound to issue share certificate in your name. However you being his widow inherits your due share in the society flat immediacy pn his death and non issuance or delay in issuing share certificate does not hinder your rights in the property in any way.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

If you are able to get the succession certificate then the society will not ask for NOC.

Ask you mother to file a suit to obtain the succession certificate.

if in case the address in not available then the publication in the newspaper and the gazzette will be made.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, you have to give a notification in a newspaper, when you file for sucession certificate.. If no one appears before court , the court shall pass a decree in favour of your mother ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Little more details of her husband and his son and whether they were of Indian origin or not, was required for proper advice.

2. Was there any contact with his sons for last 7 years? How did your mother come to know that her husband has expired? What document she has to prove his demise for applying for the succession certificate?

3. Does she has his death certificate?

4. However, the procedure for acquiring properties in such cases is to apply for the succession certificate giving the names of all the successors and taking all of their signatures on the application attaching the death certificate and property details of the demised person.

5. In the instant case,she shall have to release a paper publication in the place where the son of her late husband was last known to be resided seeking his response for applying for the succession certificate. A letter to this effect also shall have to be sent to his last know address.

6. If no response is received from his said son in last 7 years, then it will be considered that he is no more alive for which your mother can seek succession certificate for the entire property of her husband along with you.

7. Engage an experienced lawyer having expertise in this field to get your thing done.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. In that case a paper publication to be released in local Newspapers of the place where he lived notifying him about the succession certificate to be applied for before the Court seeking his immediate response.

2. Once Succession Certificate has been issued by the Court and produced before the Housing Society, no NOC from the deceased and/or missing person will be asked by the Society.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Under Section 372 of Indian Succession Act an application may be filed for issuance of succession certificate by Court. All the sons will be arrayed as respondents and if not found a notification in newspapers will be published and the sons will be placed ex-parte then the Court will proceed and issue succession certificate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Your mother shall apply for succession certificate on the basis of the information and documentary evidences available with her.

She should not make a reference about the people who she never saw or knowing any information about them.

If she had not seen them or met them anytime in her life then it can be safely concluded that his sons are are any other relatives are nothing but some imaginary characters hence she can safely ignore them and obtain legal heirship certificate only for herself.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Let she not inform the society about any such thing existed.

Let she get legal heirship certificate from revenue department and give an indemnity to the society undertaking to abide by the rules and law in this regard in case of any legal issue that may arise at an later stage.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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