• Is succession certificate required for immovable property transfer in Telangana?

I’m planning to buy a open plot. Owner of the property has died in 2014 and in January, 2021 owner children ( both majors) registered a release deed to their mother by providing death and family certificate from tahsildar. For this scenario, is succession certificate from court is mandatory? If yes, can I register the property on my name and take succession certificate from current owner once court issues or as per law, first we have to get succession certificate and then register the property. I just want to make sure that I don’t face any legal issue when I go for bank loans. 
Thanks.
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

Succession certificate is only for movable debts and securities 

 

2) it is not for immovable property 

 

3) succession certificate is not mandatory 

 

4) if bank insists obtain letters of administration from district court as owner of property died intestate 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

 Succession certificate is not issued by Court declaring legal heirs such certificate is  issued to dependents of  deceased Government employees for the purpose of claiming pensionary benefits. Such certificate is  also issued to legal heirs to claim share certificates, insurance claims, withdrawing bank amounts. Following  are the documents to be checked…

  1. Original sale deed in favor of seller. (if sale deed is available, the risk of bank lean of property ruled out)
  2. Original sale deeds of seller’s seller and linking documents.
  3. Municipal records, as to whether property is mutated in seller’s name.
  4. Clearance of municipal dues, electricity dues, water cess, telephone dues.
  5. Whether the property self acquired by seller or ancestral.
  6. Legal heirs/sharers in the property of seller for obtaining consent of all of them.
  7. If property is newly constructed, the approved sanction plan.
  8. A public notice to be issued seeking objections by unknowns to purchase of property.
  9. Circle rate of property for payment of stamp duty.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Dear sir, once succession certificate and release deed is issued, you can get the registration done on your name without any fear. 

 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Succession certificate is not necessary for transfer of immovable property.

As the other legal heirs (children) of the deceased owner have already executed a registered release deed relinquishing their rights in the property the residual legal heir thus becomes an absolute owner of the property with clear and  marketable title to the property which you desire/propose to purchase now.

Therefore on the basis of the original property document and the legal heirship certificate issued by Tahsildar and the registered release deed, you can proceed with the proposed purchase, but as a word of caution, it is advisable to obtain a legal opinion from a local lawyer and proceed only if recommend. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Succession Certificate does issue for immovable property, release deed is sufficient.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Succession certificate is mostly required in cases when the person dies intestate

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- As per law, after the death of owner , his property would be devolved upon all his legal heirs equally i.e. his wife and children. 

- Since, his children released their respective shares in the name of mother , then she become the single owner of the property , and by this way she having her right to sell the property to anyone including you. 

- Further, if there is already family certificate /legal heirs certificate from Tehsildar , then there is no requirement for Succession certificate .

- Hence, title is clear and you can purchase the said property. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

No Succession certificate is required in this case.  Release Deed is a title document and there is no hitch in bank loan.  In fact, Succession certificate is required for movable assets where the owner dies intestate.  For immovable property,  letter of Administration is given where the owner dies intestate and there is dispute in the family. In your case, the release deed is sufficient. 

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

Succession certificate does not apply to immovable property and is, therefore, not necessary. However, have all the documents scrutinized by a lawyer and get his written opinion on the vendor's title, before you venture to buy.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

Dear Client,

                 A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country.For the succession of immovable property, this certificate cannot be obtained. Under the Indian Succession Act, a succession certificate is a document that gives the person who receives it the right to represent the deceased for the purpose of recovering debts and securities owed to him or payable on his behalf.

Thanks & Regards

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

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