Hi, you will be requiring a sucession certificate from civi court , in order to sale the property

1. you will have to obtain letters of administration from the court

2. once you get the above, a transfer deed will be executed by the administrator in your favour

3. that transfer deed will be registered and will constitute your title document enabling you to sell the flat

4. without a proper transfer deed in your name, your title to the flat is defective and not clear

5. a nominee does not become owner of the flat just because society has transferred the share certificate to his name

you need to obtain letters of administration from district court

2) nominee is only trustee for legal heirs

3) LA would not take more than 6 months

4) then sell the flat

purchaser of flat can insist on indemnity bond from you to indemnify him against claim if any claims are made by third parties

2) if flat is transferred in your name by society and endorsement is made in share certificate registration authorities would register sale deed in favour of purchaser

Dear Client,

Being first class legal heir, you are absolute owner of flat. No need of any certificate, transfer of share certificate in your name is valid and sufficient if you want o sell or put it on rent.

Yes the letter of administration is same as that of the succession certificate, to the extent that both of them are used for the same purpose and you will have to obtain the same in order to sell the property to some other person

There will be no problem if the same is given on rent

letter s of administration is to be obtained when deceased died intestate and left immovable property

2) succession certificate is for movable debts and securities

But you will have to obtain a letter of administration in order to sell it off

You are trying to get into useless litigation expanses.

Succession certificate is issued by court for securities like share, bank monies etc.

Need of L O A arise when there`s no actual legal heir. You don`t need that also.

As i said , as per Hindu Succession Act, you are class I heir, property is now transferred in you.

Agreement is chain of document, how/who acquired property and now devolve in you after father`s death.

1. Since the original owner having deed bequeathed his property to buy by way of inheritance , you alone are its sole owner and hence you do not require any permission from any body.

2. The past deed made between father and other having interest in the property gives right to you now by the aw of succession.

3. Succession certificate is required in respect of his movable assets. SO if the bank or other financial institution require this you can apply for it.

- According to Section 30 of the Maharashtra Cooperatives Societies Act, the society is legally allowed to transfer the property in the name of the nominee,

- It is only the legal heir , who has the beneficial ownership rights of the flat.

- Since , you want to sell the said flat then you should obtain Succession Certificate from the court of law of your jurisdiction .

Start with legal heir certificate... first of all obtain the said certificate and then apply for mutation of the property in your names as legal heirs.

NO you donot need a succession certificate or legal heir certificate you can get flat mutated in your name by making an application of mutation before municipal authorities along with the death certificate of father and mother the flat shall be mutated in your name in records and you can sell it.

No after mutation there shall be no issue legally your name shall reflect in records and you can sell and rent the apartment according to your wish.

Registering authorities to ascertain ownership shall ask you the extract of the municipal records wherein the name is transferred to legal heirs after the demise of the owner on application,

LOA is given to executor or person applying to administrator the property and dispose to legal heirs LOA is for immovable property and succession is majorly for movable property security and debts. you do not need LOA mutation in your name shall solve your issue,

If your buyer is willing to buy without insisting for letters of administration, then great

You just have to receive money and other things your buyer will take care

In absence of a valid title document in your name, your buyer will not get a proper title

Also if buyer is applying for bank loan then bank will also insist for letters of administration

Letters of administration is for administering the estate of the deceased, both movable and immovable

Succession certificate is only for movable property

The registering authority does not have any power to adjudicate whether buyer has clear title to property being sold or not. He just has to see that proper stamp duty is paid on the document, so also stamp duty is also paid on previous documents

If you are giving on rent then there will not be any issue

Besides getting the share certificate transferred to your name you should try to transfer the revenue records also to your name.

You may be required to produce legal heirship certificate along with death certificate and an application seeking legal heirship certificate.

Once the property revenue records and other records are transferred to your name you will become an absolute owner with clear and marketable title.

The share certificate and the revenue records in your name along with legal heirship certificate will be sufficient to prove your inheritance and title to the property.

Letter of administration is not applicable to this situation.

Even succession certificate will not be applicable for immovable properties.

Legal heirship certificate is the only option for this.

1. IF you sell the Property, in the capacity as a Nominee, THEN you will be liable to pay income tax at full value and will not be able to claim Capital Gains in your income tax returns.

2. Further despite being a Legal Heir, ONLY the Society's membership is transferred in your name, on the basis of Nomination form. This does not transfer Title-Ownership of property and hence the Title-Ownership will remain defective, till you get a proper Court Decree (Probate or Letter of Administration or Succession Certificate).

3. Many people do not bother and will buy the Nominee's property too. You can take a chance & sell the property, though not adviseable, due to point no. 1, above.

Keep Smiling .... Hemant Agarwal

Firslty, getting the name on the share certificate doesn’t constitute that it has been transferred to you.

Secondly, it may only reflects in society you have been excepted as legal nominee of your parents.

Thirdly, you need to apply for the succession certificate before the court of civil law to claim your right over the flat.

Fourhtly, once you get the same the apply for the mutation.

Fifthly, after that you would be considered to be the legal owner of the flat.

Hi,

in present circumstances, you may sell the flat.