1) succession certificate is only for movable debts and securities
2) for share in immovable property you need letters of administration from district court
3) you can get LA in 6 months if there is no contest
4) contact a local lawyer
Partially registered document
We have entered into development agreement for a plot with multiple owners. Out of 12 owners, all executed the document , however at the time of registration of the document admission was pending for one of the owner and rest all admitted the document. The last person ( lets call him X) was supposed to appear within a week. X died before he could come for admission of the document. I have read the registration law. heirs of X can admit the contents of the document but Sub Registrar is insisting for Succession Certificate from court. Alternatively , we have asked him for refusing the document for X , thereby giving us the document back, for which Sub Registrar claims to wait for 8 months. ( which is prescribed time for registration ) . What are our options? I request my fellow lawyers to kindly back your answers with relevant cases , if any. I also know that , law does not require Sub Registrar to wait for 8 months. So request you to kindly give practical solutions with solid backings.
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
You can go for appeal before registrar and show him the provision of law. You can also seek specific performance of the said agreement by filing suit. You can also file writ petition before HC for direction to the office of sun registrar
See you can talk to sub registrar and can obtain legal heir certificate that would be better and take an indemnity bond. Further they can sign the document and accept same.
1) I would suggest you to go for succession certificate for legal heirs of X because it will be beneficial for other purpose as well for them.
2) It will take less than 8 months for obtaining succession certificate.
There is no necessity for a succession certificate for a transaction of immovable property.
You can obtain a legal heirship certificate from the Tehsildar or the revenue department.
This legal heirship certificate will be sufficient to prove the successors in interest to succeed to the properties left behind by the deceased owner who is reported to have died intestate.
You may consult a local advocate and take his assistance in case you find any hardship in this regard.
SC dose not issue for immovable property, sub registrar is idiot. They have to apply for Legal heir certificate of X. Tehsildaar/revenue officer will issue.
LHC, sub registrar may require to confirm who are legal heirs of X and are same who are executing sale deed.
on demise of X without will means 'intestate,' then all the legal heirs have to apply to a competent court for a 'LegalHeir Certificate' so that his property can be transferred upon his successors.. contact local property lawyer.
