• Transferring property to mother's name

Good morning,

My father and mother jointly booked a flat in greater nodia. But around 3 month back my father passed away without leaving any will.

Now when we approach the builder to transfer the flat on my monther name, he is asking us to bring sucession certificate.

We stay in hyderabad and our family consist on 3 brothers.
We all are in aggrement to transfer flat on mother name and had also gave the Noc, Relinquishment deed and indemnity deed.
Even then builder is asking for sucession certificate, which I came to know take few months and some percent of property.

Can I know what are my option now.
Asked 1 year ago in Property Law from Hyderabad, Telangana
Religion: Muslim
1) on your father demise your mother , 3sons would be legal heirs 

2) since you are willing to give NOC , execute relinquishment deed in favour of builder then builder should have no problem in transferring flat in your mother name . 

3) you are also willing to execute indemnity bond to indemnify the builder against all claims made if any 

4) builder is not entitled to ask for some percent for transfer of flat in your mother name .

5) if builder insists obtain succession certificate from court . it wont take more than 6 months . 
Ajay Sethi
Advocate, Mumbai
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1. Ideally you should apply for succession certificate as it would be required later in many situations like the one you have mentioned.
2. However if there is great difficulty in getting the same then you can request the builder to bank upon the documents you have already deposited.
3. Got for succession certificate. It's good for you.
Devajyoti Barman
Advocate, Kolkata
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63 Consultations
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1) either of survivor does not have full authority on demise of the partner 

2) you can apply in Hyderabad  wherein you are residing 
Ajay Sethi
Advocate, Mumbai
24772 Answers
1328 Consultations
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From either of the place you can apply for succession certificate.  Builder isn't doing any illegal demand and treading cautiously to avoid future complications.
Devajyoti Barman
Advocate, Kolkata
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63 Consultations
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1. Succession certificate is not required. You should execute a deed of relinquishment in favour of your mother. This would serve to transfer your inherited rights in the share of your deceased father to your mother,

2. All three brothers are required to execute the relinquishment deed.

3. If the builder demands the Succession Certificate then issue him a lawyer's notice for not commencing the process of transfer in spite of the execution of relinquishment deed.
Ashish Davessar
Advocate, Jaipur
18862 Answers
472 Consultations
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The succession certificate can be applied before the jurisdictional court within which your father last resided.
This is just a sale agreement hence the builder need not insist on the said succession certificate, he can very well go by the legal heirship certificate issue d by the revenue department along with the NOC/relinquishment deed executed by other legal heirs and if need be he may obtain even an indemnity bond, you may talk tothe legal department of the builder company and sort out the things. 
T Kalaiselvan
Advocate, Vellore
15307 Answers
139 Consultations
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