Is Succession Certificate required
Hi,
I am a resident of Panchkula, which comes under HUDA (Haryana Urban Development Authority) .... The said house is in my mother's name.... She passed away in June....she was not able to make the Will/Registered Will.
The house is under mortgage with ICICI Bank. I am the main borrower and she was the co-borrower of the loan and the EMI's are being paid through my bank account.
Being one of the Legal Heir to the property(the other being my sister), I needed to transfer the property in my name. She had given her consent for the same.
Here is the list of documents that HUDA requires.
1.) Allotment/Re-allotment Letter
2.) Possession Certificate
3.) Legal Heir Certificate
4.) Affidavit by the Transferee(myself)
5.) Indemnity Bond stating the transfer of property to Transferee due to the death of original owner (my mother)
6.) My KYC --- PAN CARD
7..) Mother's KYC ( Death Certificate)
8.) Father's Death Certificate
But when I went for submitting of the documents to HUDA, as the property is under mortgage, they wanted a letter from the bank that the bank has no objection in transferring the property in my name. The Bank refused to issue the NOC and said that they would need this in writing from HUDA, that HUDA does NOT require a Succession Certificate to transfer the property. If HUDA is able to give this in writing, then the bank can issue the NOC for the same.
My query is this--- Is Succession Certificate required, when HUDA has not mentioned it in it's list of required documents for FAMILY TRANSFER of property?
Asked 8 years ago in Property Law
Religion: Hindu