• How to proceed further in case of no succession certificate

I am planning to buy a resale property in Greater Noida. The property was on seller and his wife name. Unfortunately his wife got expired n her share was transferred to her minor boy. To sell the property on behalf of minor the seller needs succession certificate which he doesn't have. Now his lawyer says we can proceed further with succession deed but I doubt. Please suggest if it is safe to proceed further with succession deed or not.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

1) for sale of minor share in property court consent is required 

 

2) ask seller to obtain consent of court for sale of minor share in property 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

succession certifcate is only for movable debts and securities like bank accounts , fixed deposits , shares etc

 

2) for immovable property  you need letters of administration in name of legal heirs as mother died intestate 

 

3) in addition you need court permission for sale of property 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

1. Competent Court's permission has to be obtained for the property which has minor's share.

2. The seller has to keep the proceeds obtained from the sale of the property in a fixed deposit in a reputed Bank and has to prove that the property was sold keeping in view of the welfare of the minor child and it will be used exclusively for that reason only.

3. Seller, being the natural guardian for his son, can obtain court permission and after the seller obtains court permission, you can go ahead to buy the property and not otherwise.

 

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

On behalf of minor to sell property you need order of the court under guardian and wards Act. 

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

Selling of property of a minor needs court permission not succession certificate. Court permissions is must otherwise sale will void in law.

 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

NO Succession certificate,neither issued for immovable property. IS this property purchased by joint contribution of husband and wife ? If yes than after her intestate death, her share inherited in husband and child equally. Husband owns 3/4th share and child owns 1/4th.

Permission of court necessary to sell minor property. Otherwise child can challenge the sale of his share on becoming major in given limitation period.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

For any minor property court permission is mandatory. father has to just submit the following

a) Death certificate

b) family member certificate and 

c) an Undertaking that he is the father and natural guardian of the children and he will keep the share of the sale proceeds accruing to the children as Fixed deposit in a National bank. The court will grant  permission with in 90 days if there are no claimants.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

pls consult a local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

See if the mutation in property in name of person has been completed then only permission from district court is required by Guardian of minor to sale the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes if name is mutated the consent of court will do.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The succession certificate or the legal heirship certificate alone will not be sufficient, the seller has to obtain permission from court to sell the share of minor in the share of his wife in the property.

Without this the child may claim his share after he becomes a major by age and the dispute will arise then hence better be very cautious on that aspect.

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

If you canot get the legal heirship certificate let the seller give an affidavit about the family tree certificate and obtain court permission for selling the minor's share in the property.

 

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

Dear

The seller need the permission of court for selling the share of minor. The succession deed will not be enough for purchasing the property.

He need to obtain succession certificate from Court and also get the permission to sell the share of minor child.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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