Hello,

With regards to succession the same is guided by the personal laws.

Also since she is the only legal heir ask her to get the property mutated to her name and thereafter she can execute the sale deed in your favor.

there is no time frame for obtaining succession certificate and the succession certificate has no relation to the caste.

Regards

1)Under the law, a rightful owner can exploit or dispose of the property in any manner (s)he wishes. In short, yes, a court issued succession certificate gives the owner the right to sell the property.

2) If the Succession Certificate is issued by a Court, the same can be treated as a valid document.

The legal heirship certificate issued by the revenue department is more than sufficient to prove the legal heirs or successors in interest to property left behind by the deceased property owner.

Succession certificate is not applicable for immovable property, it is valid only for movable properties.

Since the certificate has clearly mentioned that this is valid for the civil matters and as this is covered under civil law, you need not hesitate about this.

Whatever the reason may be, nothing prevents you from obtaining legal opinion about this property before buying it./

The legal opinion will reveal all the lacuna and the genuineness of the property.

Hence you may obtain legal opinion about the entire property and the property related documents instead of worrying bout only one issue of the property.

First of all succession certificate is not for the immovable property letter of Administrator is issued further if she is only legal heir she can get her name mutated in the land revenue records and can sign the sale deed with you.

There shall be no issue further she can give you indemnity bond to secure the transaction also she has all the right to dispose the property,

Succession certificate is only for movable debts and securities

2) you need letters of administration from district court in name of legal heir as registered owner died intestate

3)it takes around 6 months

4) legal heir certificate is not valid for land issues

Succession certificate is mandatory to transfer immovable property by legal heirs. Without succession certificate they cannot transfer the property.

This is my response to you:

1. That daughter should obtain a succession certificate;

2. But nonetheless it seems she is the only legal heir so she can sell you;

3. You can ask her to take out a advertisement in the 3 local newspapers inviting claim on the property;

4. You can also take an NOC from her, affidavit or indemnity bond stating that if somebody does file claim the seller will be responsible;

5. You do not have much to worry about.

Christian Law of Succession in India Christians in India have had different laws on succession. The British Indian Government enacted the Indian Succession Act of 1865 on the recommendations of the 3rd Law Commission. This Act was intended to be applied to different communities in British India who did not have a law of their own in matters of succession. It was specifically provided that it would not apply in the case of Hindus, Muslims, Buddhists, Sikhs or Jainas. But its provisions were to apply in the case of Christians. An authoritative exposition and critical analysis of Christian law of succession in India is given in the book "Christian Law of Succession in India" Indian Succession Act The Indian Succession Act of 1865 was comprehensively amended and consolidated by the Indian Succession Act of 1925. Neither the Indian Succession Act of 1865, nor the Act of 1925 was to apply to Christians in the whole of India. Section 332 of the Act of 1865 contained a provision which empowered the State Governments to exempt any race, sect or tribe or any part of such race, sect or tribe from the operation of the Act, by way of a notification. A similar provision was enacted under Section 3 of the Indian Succession Act, 1925. In exercise of this power, the Native Christians in the province of Coorg (Mysore State) were exempted from the application of the provisions of the Indian Succession Act. The Khasis and Jyentengs in the Khasi Hills and Jaintia Hills in North East India were also exempted. The Mundas and Oraons in the province of Bihar and Orissa are also exempted from the application of the provisions of the Indian Succession Act. By virtue of the provisions of the Goa, Daman and Diu (Administration) Act, 1962, it is the Portuguese Civil Code and not the Indian Succession Act that applies in Goa. In Pondicherry, the French Civil Code still survives as per the provisions of the Treaty of Cession. And the Garos of Meghalaya are also not subject to the provisions of the Indian Succession Act and they follow their customary matrilineal system of inheritance. This protection is granted by the Constitution of India and also by Section 29(2) of the Indian Succession Act, 1925.

Rules of distribution The Succession Act contemplates only those relationships that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, that is, children and children's children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow. The phrase "lineal descendant" means a descendant born out of a lawful marriage. Thus a daughter's illegitimate son or a son's illegitimate daughter or other illegitimate issue cannot be said to be a lineal descendant. An illegitimate child is not a child within the meaning of the Act. Therefore such a child has no share in the property of the parents. But in Jane Antony v Siyath 2008 (4) KLT 1002 Kerala High Court recognised the right of illegitimate child under Indian Succession Act upholding the lower court verdict. The term "kindred" means relations by blood through a lawful marriage. Therefore, relations by illegitimate birth are not recognised as kindred under the Act. Kindred does not include relation by affinity such as mother-in-law or step mother or stepfather. Thus, a stepfather or stepmother has no legal right of succession to the property of his or her stepchildren. The position is the same in the case of a father-in-law as well. A husband has no right to inherit the property of a divorced wife. In case of a judicial separation under the Indian Divorce Act, 1869, the property of the wife would devolve upon her legal heirs as if her husband were dead. A daughter-in-law has no right of succession to the estate of her intestate father-in-law. Where the intestate has left a widow, and where there are no lineal descendants, the widow's share is one half of the estate of the intestate, as is provided under section 33(b). Where an intestate has left no child, but only a grandchild or grandchildren and no other remote descendant, the property shall belong to the grandchild if only one grandchild is left by the intestate and if there are grandchildren, the property shall belong to the surviving grandchildren in equal shares. It means that in a situation contemplated under this section, the distribution is per capita and not stirpital. The father of an intestate succeeds to the property to the exclusion of the mother. This is based on the English Common Law principle that he would have taken her share if arising jure mariti. When a Hindu convert to Christianity dies intestate, it is the father, in the given situation, who succeeds to the property. The religious faith of the father is immaterial for the purposes of succession. What is material is that the deceased should have belonged to the Christian religion on the date of his death. The religion of the heirs is immaterial. But the English view that a man is not the father of the illegitimate children applies also under the Indian Succession Act. As there is no statutory recognition for adoption by Christians in India, an adopted child cannot claim the right to succession unless a custom of adoption can be proved. It has been held that a party can prove that there is custom of adoption among Christians in Punjab so as to change the rule of succession as laid down in this Act. Some Christians in Mysore and Travancore areas also claim the right of adoption. But they are yet to be judicially recognised. Any money or other property given by an intestate to a child, for his/her advancement in life, would not be taken into consideration at the time of distribution of the property of the intestate. Therefore, the practice of Christian daughters executing release deeds at the time of marriage so as to get them excluded from succession may not achieve the desired result, because only if there is a pre-existing right it can be conveyed. In the case of a Christian daughter, she has no pre-existing right in the family property and her rights arise when her parents die intestate. Therefore a release deed executed after the date of intestacy alone would be valid.

The concept of civil death In a decision rendered prior to the enactment of the Hindu Succession Act, 1956, the Supreme Court, in the context of Hindu Law, held that entrance of one person into a religious order operates as civil death. Even in England such a concept had acceptance. A distinguished author had opined as under: "A monk or nun cannot acquire or have any proprietary rights. When a man becomes ‘professed in religion', his heir at once inherits from him any land he has, and if he has made a Will, it takes effect at once as though he were naturally dead. If after this a kinsman of his dies, leaving land which according to the ordinary rules of inheritance would descend to him, he is overlooked as though he were no longer in the land of the living; the inheritance misses him and passes to some more distant relatives. The rule is not that what descends to him belongs to the house of which he is an inmate, nothing descends to him, for he is already dead……" .However, courts in India have taken divergent views on the subject as is evident from the following discussion. Catholic priests and succession One of the earlier decisions in this matter was rendered by the Travancore High Court in 1079 M.E. In this case, it was contended that a monk may be linked to a Hindu ascetic. A Hindu ascetic under Hindu Law loses his civil rights by entering into the 4th order, i.e., Sanyasam. But no such law was shown to exist among Roman Catholics. It was opined by the Court that the origin of the concept of loss of civil rights in a monk must be attributed to custom, and no such custom was also proved. The court, therefore, held that among Roman Catholics, the rights in the family property of a person taking holy orders as a monk were not by law or usage extinguished. Thus a Roman Catholic Priest was allowed a distributive share in the property of his natural family. The Madras High Court also took the same view from an affidavit angle, In a dispute as regards the right of inheritance when a Roman Catholic priest died intestate, the court held that the law of intestate succession applicable to Catholic priests is Part V of the Indian Succession Act, 1925, and that inheritance is allowed only to the natural heirs of the deceased priest and not to the superior of the priest. However, in the case of a nun the position is still different.

1. Succession Certificate is required only to realise liquid assets not immovable property.

2. After the execution of sale deed the seller ceases to have any right, title or interest in the property. No bond is required separately.

3. Conduct a thorough title search in the office of sub-registrar to ensure that title is free and marketable.

It takes 8 months to year for succession certificate. Succession certificate is better remedy.

Hello,

Ask them to obtain the succession certificate from the court , then proceed.

Regards

Sir for the land you need obtain letter of administration succession certificate is for the movable property for land asset if there is no objection you can with all legal heir apply for the mutation of the land in your name in case there is objection you need to get letter of administration.

SC is only for movable debts and securities

2) it is not for immovable property

3) apply for and obtain letters of administration from district court

The family member certificate is a proof of the family members of the deceased which can be treated as in lie u of the legal heirship certificate..

It is upto you that you approach this situation.

Succession certificate is obtained for movable properties alone and not for immovable properties.

What prevented you from obtaining legal heirship certificate?

If the revenue department is denying to issue the legal heirship certificate then the legal heirs can approach court to declare the legal heirs/successors in interest in respect of the immovable property in question.