• Is Succession Certificate required

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 2 years ago in Property Law from Panchkula, Haryana
Religion: Hindu
1) bank will not issue NOC for transfer of property in your name in absence of letters of administration . 

2) succession certificate is only for movable securities . 

3) it is always advisable to obtain Letters of administration from court to obtain clear and marketable title to the property 

4) in your case HUDA will not give in writing that it does not require a succession certificate 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

Succession certificate is often insisted to be submitted to dispel the chance of any person coming later claiming himself to be one of the co - sharers.
 There is nothing wrong if you apply for the same as in future you may require this for other jobs also.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1. Applying for Succession Certificate does not make any sense in your case as the mortgage is still not cleared. Unless the loan is repaid in entirety the property cannot be transferred except with the prior consent of the mortgagee.

2. You should repay the loan and then proceed to get the property mutated.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Succession certificate can be issued by a court of law only and that too for the movable assets and not for immovable property.
For immovable property, a legal heir ship certificate issued by revenue department will e sufficient.  ?Therefore the demand by HUDA for succession certificate is not legally valid demand.
You may protest this point if the HUDA authorities still demand and ask them to give in writing so that you can obtain it from court.
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

Hi sir/madam, Legal Heir Certificate is nothing but Succession Certificate. It is essential for all the transactions of properties of the family. And thereafter, your sister has given Right to Release Deed infavour of you. Thereafter  the property rights transferred in your name absolutely. 
C. V. Jadhav
Advocate, Bangalore
475 Answers
15 Consultations

4.7 on 5.0

1. Succession Certificate is required for claiming the moveable assets of s deceased person who died intestate like Bank savings bank mount, PF account amount etc.,

2. Legal heir certificate is required for claiming movebale properties of such deceased person like flats, land etc.,

3. Ask from HUDA their demand for Succession certificate from you, in writing. 
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

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