• Succession certificate

My mother expired without will . 1) she was having 1 property residential flat in her name with my son in joint names in pune . my mother has 4 legal heirs 3 sons & 1 daughter . we have made release deed of that property but not registered & all 4 legal heirs have signed that they have no claim in that property & all the rights of that property is with my son & he is the sole owner . i want to sell the property but purchaser bank is asking succession certificate .
my question is whether it is mandatory to get succession certificate or any way is there without succession certificate as all legal heirs are ready to sign on any papers related to property of my mother share to my son so that my son can sell the property without succession certificate . kindly guide .
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

succession certificate is only for movable debts and securities 

 

2) since mother died intestate you can obtain letters of administration from district court in Pune for her residential flat . your siblings can execute consent affidavit to relinquish their share in flat 

 

3) un registered release deed is in admissible in evidence . 

 

4) if you dont want to apply for LA then rlease deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

If your son is sole owner then no need for succession certificate. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Dear Sir,

Usually, a succession certificate is the key document that you need. ... Asuccession 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

In case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.

It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance of debts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.

Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.

Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death

Also a copy of the death certificate is required to be produced.

Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.

Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.

If the petition is not contested, the court usually issues a succession certificate in five to seven months.

Looking at the process, it is always better to write a will or appoint a nominee in all your financial accounts like stocks, saving accounts, fixed deposits or mutual funds etc. The nomination may also be filed with you rproperties ownership.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

Succession Certificate dose not issue for immovable property and mere purchasing in son`s name as joint owner, dose not make him owner. Well, unregistered release deed is invalid, get it registered to make your son absolute owner.

Mother share inherited in her children and they have to execute release deed in son favor.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The succession certificate can be obtained from the district court by filing an application for the same. After that it can be used in any property whether movable or immoveable which belonged to your parents. Therefore a succession certificate would be useful for you. 

As far as the property is concerned it now belongs to your son as everyone has signed a relinquishment deed. But the bank needs to ascertain how many successors are there  so that no dispute arises in case a person who did not sign the relinquishment deed appears afterwards. Therefore it is necessary.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Succession certificate is for movable property

2. for immovable property like a flat, letter of administration has to be obtained from court

3. all legal heirs signing is not enough

4. the bank and the purchaser do not get any proper title unless letter of administration is obtained and transfer deed is registered in the name of your son

5. your son's title is defective and he will not be able to sell the flat unless above procedure is done

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

Dear sir, 

It is better to have the succession certificate for the future safety and the same can be obtained online through concerned SDM office. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Sir succession certificate is for movable assets not property, further the relinquishment deed is required to be registered. All the legal heirs can get there name mutated in records and then further can relinquish share in registered deed in favour of the son then bank shall give loan.


For property letter of administration is required succession ceritificate is for movable assets.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) First you need to taken legal heirs certificate from court and not succession certificate.

2) Enter all legal heirs name on flat property card.

3) Later on get release deed signed and registered with registrar.

4) Than only your son will remain in flat paper than your son can sell the flat.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1.  Release Deed can be executed ONLY between alive Co-Owners.  Here the said release deed is infructuous.

2.  For 100% Clear Title and Marketable Clear Title of the property, a Letter of Administration has to be obtained from the High Court, with consent of all the residual legal heirs of the deceased, to further transfer the 50% share of mother, to your son.  ONLY after this the property becomes eligible & clear title for future sale /gift /mortgage /transfer /etc....

 

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Increase the property is not transferred in his name the succession certificate is required in case if you do not want to go in that way then you have to get the relinquishment deed registered and transfer the property in his name after payment of requisite stamp duty

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Succession certificate is asked to reduce encumbrances from the property. In your case if all legal heirs execute Registered relinquishment deed then succession certificate is not required. You need to move to banking ombudsman or court for the same.

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Upon her intestate death your mother's share in the property shall devolve equally on all her own legal heirs. Since all the legal heirs have decided to relinquish their rights in the property in favor of your son, they may have to transfer the same by a registered document to his name.

An unregistered document is not valid and your son cannot derive the absolute or marketable title to the entire property until your mother's share had been transferred to his name by a registered document.

Once this is done, then there is no need for succession certificate.

T Kalaiselvan
Advocate, Vellore
90208 Answers
2506 Consultations

  1. As per the information mentioned in the present query, makes it clear that you all have agreed for executing the release deed, but don’t understand the point of bank asking for the succession certificate.
  2. Let me tell you sir, that though you have agreed for one mutual dicision, but you all have any right in the property it can only be held after getting the succession certificate from the court of law.
  3. This is the document which would prove your relation and right over the property of a person whic is not with you now (passed away).
  4. You should go legally, it won’t be taking much time from the court of law to get the same. Thereafter, execute the release deed.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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