• Succession certificates

Hi Mr Sethi, my mother had made i will for the property we have in mumbai and its in registered society, is it compulsary to obtain a succession certificate for this property, which already is been transferred in the society. Can you please guide me. Thanks
The property has been divided and transferred in to 4 person named in the WILL..
Asked 4 years ago in Family Law
Religion: Muslim

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

15 Answers

No if there is will for the property rhen succession certificate is not required in same you can simple submit copy of the will for transfer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)The Muslim will is not governed by the Indian Succession Act, 1925. The Muslim personal laws in India, or the Shariat law, decrees certain rules and regulations and ways in which an individual can dispose off his/her property.

2)According to the Shariat law, a person can only leave one-third of their property to anyone they wish. The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello

The Muslim law does not allow the whole property to be given away to anybody a person likes, even if a person Is the sole owner of the property. Therefore you cannot make a will for the whole property. Only a third of the property can be given away through a will. The rest would be divided among the rightful heirs.

Regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

You need to file a probate petition first and then file for succession certificate.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Hello

Yes you must obtain the succussion certificate.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You can apply for probate of will

2) succession certificate is only for movable debts and securities

3) for Muslims it is not mandatory to apply for probate of will

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

There is no need to go for succession certificate as property is already transferred in your name the only thing is that you have to register your name in the society as per your shares.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

You will still have to obtain a letter of administration on the basis of the will.

If the partition has been made by the legal heirs on the basis of the Will mutually then also for the purpose of mutation a LOA will have to be obtained.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Place this will before the Society and request them this this flat be transferred in the name of the 4 beneficiaries named in the will.

Obtain a LOA (letter of adm.) in case the society if the society refuses to do the needful in absence of the loa.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

As there is a will, succession certificate is not required.

Rather, you will have to file a suit for grant of probate of will in Civil Court.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

1) The WILL needs to probate from court and take succession certificate plus legal heirs certificate from court to obtain your share in the property as per WILL deed

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. No Succession certificate is required for claiming immovable properties and it is required for claiming movable properties like amount in bank account, FD, MF etc.

2. Legal heir certificate is required for claiming share in immoveable properties like land and building including the said flat of your deceased mother which shall have to be obtained from the ward counselor of your local Municipal Commissioner.

3. Moreover, Will has no value more than a scrap paper unless it is probated.

4. So, you shall have to obtain the legal heir certificate and file an application for the grant of probate by the Court for claiming title of the said property as mentioned in the said will.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

No succession certificate is needed if will is made.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

If the Will has been acted upon, then there is no need for obtaining succession certificate.

The society cannot demand succession certificate, it is none of their business since the property is registered on your name.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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

2. If the will has been made in Mumbai with respect to a property in Mumbai then apply for probate.

3. Transfer of share certificate does not result in devolution of property under the will if probate has not been granted.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer