• Survivor Certificate after Conveyance Deed is issued

I am buying a property on loan and the back is asking for Survivor Certificate for a previous owner who died without a will. Deceased owner’s childern got Relinquishment Deed issued in favour of one of their siblings. Post the RD and Indemnity Bond, Conveyance Deed by DDA was issued to that sibling. The new owner sold the property and now I am trying to buy it. My bank is ok with all papers but insisting on the Survivor Certificate for that deceased owner. 
Is it really needed for a home loan?
Asked 5 years ago in Property Law
Religion: Hindu

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5 Answers

You don’t need survivor certificate for home loan 

 

children have executed relinquishment deed in favour of one of surviving sibling 

 

sale deed executed in favour of sibling 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

The survivor certificate which is generally known as legal heirship certificate is an essential document for the buyers to verify and confirm the legal heirs of the deceased owner to confirm the successors in interest to succeed the estates of the deceased property owner in the event of his intestate death. 

The all other documents you have mentioned are the supplementary documents in addition to the legal heirship/survivor certificate. 

The bank's demand for production of the survivor certificate is valid and genuine demand which may have to be produced else the bank may even not approve the loan. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The banks insist on the same everytime for their clarity you need to submit it only if there is no clarity in the said property title. Ask them for rbi regulations or complain to banking ombudsman

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear sir/ma'am,

 

Please note that Surviving member certificate also known as survivor certificate or legal heir certificate is issued by the Revenue Department of a State to identify the actual legal heirs of a deceased person. The legal heir certificate consists of details like name, age, relationship with the deceased and marital status of all surviving family members. It is an important document for the bank to give home loan. Thank you.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- A Survivor Certificate is also known as Legal Heir Certificate , and this certificate is issued to prove the right legal heirs left behind by the deceased person.

- Further , this Certificate is generally required as proof of surviving member to avail different benefits from the different places and in the Government Services where surviving member are preferred.

- Further, deceased Class 1 legal heirs can apply for getting the same . 

- If, the legal heirs of the deceased released their respective share in the name of one sibling , then that sibling become absolute owner of the property , and having right to sell the same. 

- However , bank wants to be safe , after getting the certificates of the real legal heirs of deceased, so that in future none can claim to be his legal heirs. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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