My late grandfather was staying at Girgaum, Mumbai, in a chawl. He started staying there around 80 years back. He died in year 1965. He was survived by 7 children. Out of all the children, one of my aunt who is unmarried, continued staying in that room. Including her, 3 children are alive. Remaining 4 sisters have already expired. The aunt who used to stay in that chawl, had to move to Mumbai suburbs, out of her illness. No one occupies this room at this moment. The rent receipt was in the name of my grandfather, however that still continues in his name till date. All utility bills and KYC addresses are in my aunt's name. We had approached the builder who intends to redevelop this property, has demanded a Succession Certificate of my late grandfather, to essentially transfer the tenancy rights in my Aunt's name. All the legal heirs have No Objection towards the transfer of Tenancy Rights. The Questions are as follows: 1. Do we need a Succession Certificate of my grandfather? 2. Can the tenancy rights be transferred in my aunt's name with consent of all the legal heirs? 3. For the deceased heirs, is it advisable to take consent from their children/ married daughters? 4. Generally the Succession certificate takes a long time to process and God forbidden, If something unfortunate happens to my aunt, or else even on/after receipt of Succession Certificate, What can be done in either cases?
1) tenancy rights can be transferred in aunt name with consent of legal heirs
2) for deceased heirs take consent from their children
3) succession certificate is only for movable debts and securities
4) obtain letters of administration from Bombay high court
5) it takes 6 months . Other legal heirs can execute consent affidavit
1. Succession certificate is for movable asset take legal heir certificate from the tehsildar same will do .
2. See it can be transferred as she was only dependent living there but consent of others is required for reason.others can raise an .Objection on same.
3.No consent of grandfather's heirs is only required.
4.obtain a legal heirship certificate from the tehsildar and affidavit along same can given.
1.for immovable property there is need of Legal Heirs Certificate.
2.with the consent of all legal heirs tenancy rights can Transferable to any one of heir.
3. From all class 1 heirs.
4.For movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required
Dear Sir,
My answers are as follows:
1. Do we need a Succession Certificate of my grandfather?Ans; If not at least convince the builder to accept legal heirs certificate.2. Can the tenancy rights be transferred in my aunt's name with consent of all the legal heirs?Ans; Yes3. For the deceased heirs, is it advisable to take consent from their children/ married daughters?Ans: Yes4. Generally the Succession certificate takes a long time to process and God forbidden, If something unfortunate happens to my aunt, or else even on/after receipt of Succession Certificate, What can be done in either cases?Ans: Get a Will from your aunt in your name in respect of that property.
01. Yes succession certificate required.
02. Yes all legal heirs has to agree
03. Yes, Take concern from all children of deceased legal heirs
04. Worst case, again property to be shifted to succession to her
1. Succession certificate is not required. If all legal heirs of original tenant are giving their NOC for transfer of tenancy to aunt's name, then landlord can merely issue a public notice in two local newspapers inviting objections against the transfer. If no objection is received within the notice period, then landlord can transfer the rent receipt. He may charge some transfer fee which has to be negotiated
2. Yes
3. Yes on safer side. But that should not mean that the children of such deceased heirs have any right which they are releasing. The affidavit NOC would be merely taken for record. It should be stated that the noc is being issued out of abundant caution despite the deponent not having any right or interest in the tenanted premises
4. The tenancy right will survive and will pass on to the legal heirs of the aunt
Succession certificate is always not needed. First try to resolve the same with heirship certificate, death certificate along with affidavit. If still succession Certificate is required then only apply for the same.
Yes it can be transferred in aunt's name.
Yes the deceased children nox required.
You can't do any thing after death you need to transfer it in any other legal heir if your choice
Dear Client,
Not succession certificate but Legal Heir certificate.
Yes.
Yes.
Apply to Local tehsildaar, Legal heir certificate will issue in a week.
1. Obtain legal heirship certificate.
2. Yes, it can be.
3. It would be better to take their consent to avoid any future litigation.
4. It will then fall on other heirs who may be willing to take over.
