• Succession and registering of shop

Hi my father earlier booked a shop and paid around 95% of same before his death in 2012. Kindly let me know do we need a succession certificate to do registry of shop even If all the legal heirs have no objection. This is critical as this is new shop and have to do registry at earliest.
Asked 12 months ago in Property Law from Delhi, Delhi
Religion: Hindu
1) approach builder for registration of shop in your mother name 

2) enclose copy of NOC of all legal heirs along with affidavit that the shop should be regd on your mother name 

3)?if builder insists you would need succession certificate from district court 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
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1. Since this is an immoveable property you are required to take legal heir certificate from your local councillor and not succession certificate from the Court,

2. You can submit copy of the said legal heir certificate and also NOC from all other legal heirs to the seller of the shop.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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You do not require SC to pay the remaining consideration and get the sale deed executed in your favour. The seller is liable to register the sale deed in favour of the heirs of the deceased buyer unless there is a clause in the agreement which provides for a mandatory cancellation of the agreement in the event of the buyer's demise. If the seller does not execute the sale deed in favour of the heirs then file a lawsuit against him to seek court's directions to him to honour his promise.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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To register the deed of sale you do not require any succession certificate. 
All the legal heirs of your father will be joined in the sale deed in making the balance payment. However if your father has made any will then on the beneficiary of the said Will will join the deed as the purchasers provided probate is granted in respect of the Will.
Devajyoti Barman
Advocate, Kolkata
5168 Answers
54 Consultations
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This property was purchased by your father, though he did not got it registered.  However upon his intestate death the property shall devolve upon all his legal heirs equally.  
For this you can obtain legal heirship certificate from the revenue department which will suffice the requirement.
In case there is not provision of granting legal heirship certificate in Delhi, then you may try for succession certificate.The NOC no doubt will be sufficient enough for registering the property now, but when here is a alienation in the future, the buyer shall be insisting on it.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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If the registry has to be done immediately, you acn proceed witht he registry now but obtain the said certificate and secure it for future benefit,
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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