Whether it is necessary to submit succession certificate of
Shiba prasad Mukherjee
(Querist) 27 May 2016
This query is : Resolved
Land is our name,so is it still necessary to submit succession certificate for immovable property?
Shiba prasad Mukherjee
(Querist) 27 May 2016
After death of my uncle by virtues of law we are the owner of the immovable property ,land also recorded in our names but satgram housing co-operative society ltd.is asking to submit succession certificate, but lawyer said when the land already recorded and certificate from 1st class judicial magistrate given there is no need to submit any other papers.But society is pressing to suit succession certificate for immovable property. Whether it is necessary? Pl.help us.
Kumar Doab
(Expert) 27 May 2016
You have not posted full facts of the matter.
Why the immovable property of Uncle has devolved upon you? Does the uncle have no ClassI legal heirs.
Which certificate is issued by 1st class magistrate? Is it legal heir certificate or what?
GO thru society bye laws.
It is believed that you are Hindu. You need to confirm it.
R.K Nanda
(Expert) 28 May 2016
state full facts.
Shiba prasad Mukherjee
(Querist) 28 May 2016
My maternal uncle died intestate as issueless leaving behind him surviving his married sisters ,according to Dayabhaga law of hindu succession act 1956.The land now recorded in there names,in the government record.But the housing society is asking to submit succession certificate, court is telling for immovable property the succession certificate is not required.They have submitted the affi davit of 1st class judicial magistrate alonwith the land records. In this situation what we can do to get the membership. Pl.advice.Thanks
P. Venu
(Expert) 28 May 2016
The property immovable. What you require is legal heir certificate, which could be obtained from the Revenue Authorities.
Kumar Doab
(Expert) 28 May 2016
The society and Flat is in which state?
Did he nominate anyone in the society?
Rajendra K Goyal
(Expert) 28 May 2016
Succession certificate is for movable property, submit legal heir certificate.
If society does not agree, discuss with lawyer and obtain court orders.
Kumar Doab
(Expert) 28 May 2016
It has already been posted that:
"GO thru society bye laws.
The society and Flat is in which state?
Did he nominate anyone in the society?"
You may reply to these points and also confirm do you have copy of society bye laws, for further response?
Kumar Doab
(Expert) 28 May 2016
Instead of posting here the author has posted and repeated the query at:
http://www.lawyersclubindia.com/experts/Housing-society-case-601051.asp
Kumar Doab
(Expert) 28 May 2016
In the repeated thread the author has posted:
"It is in the west bengal state, He was not nominated anybody. "
http://www.lawyersclubindia.com/experts/Housing-society-case-601051.asp
Kumar Doab
(Expert) 28 May 2016
In the absence of nomination, the deceased being Hindu, having left no valid WILL, the legal heirs/survivors shall inherit.
If mother of the deceased was not alive on his death and he left no wife, children the Class I heirs were not present.
In the absence of ClassI heirs, ClassII legal heirs shall have first right.
Probably you have obtained Affidavit of legal heir ship attested from 1st class judicial magistrate.
Some authorities e.g. Patwaari in some states accept it for updation in mutation records.
In your case the Flat is in a Co-Op society.
Hence look into society rules framed in accordance with Society bye laws.
You have not posted anything on Society Bye laws.
Society can provide both society rules and Society bye laws.
You can also approach Registrar for society rules framed in accordance with Society bye laws and society bye laws.
Shiba prasad Mukherjee
(Querist) 28 May 2016
Thank you so much for your quick response on my questions. You people are doing a great job for me like a retired person.1st Magistrate certificate for our legal owner of the said property.After that mutation certificates from land & Revenue department submitted still they are asking for succession certificate to get the membership.
Kumar Doab
(Expert) 28 May 2016
This is an interesting thread.
The learned experts and senior are requested to moderate.
It shall help and benefit all.
Kumar Doab
(Expert) 28 May 2016
The revenue officers/authorities are vested with powers to issue Legal heir certificate to ClassII legal heirs.
This has been discussed in detail in following thread;
http://www.lawyersclubindia.com/experts/Employees-compensation-act-1923-598516.asp#.VzwQGjV97IU
You can take a cue from it.
Kumar Doab
(Expert) 28 May 2016
West Bengal Co-operative Societies Act, 1973
The West Bengal Co-Operative Societies Act, 1983
Act 45 of 1983
may be examined at:
http://www.commonlii.org/in/legis/wb/act/wbcsa1983332.pdf
Kumar Doab
(Expert) 28 May 2016
Whatsoever document that you have submit alongwith prescribed forms/formats,of course under proper acknowledgment.
Request to reply in writing.
80(1)(b)
Kumar Doab
(Expert) 28 May 2016
The society asks for Probate/succession certificate/letter of administration.
Has the society asked n writing from you?
What is asked for in writing?
It is good for you that there was no nomination or you would have had almost lost it to the nominee!!!!!
All said and done, it seems almost certain that you need to engage a very able counsel ( not just any counsel) specializing in such matters to resolve.
Have you consulted and engaged very able counsel?
Shiba prasad Mukherjee
(Querist) 28 May 2016
They have. given in writing to submit succession certificate to get the membership, lawyer send a letter that in case of immovable property it is not required, the property is now in our name already recorded in the revenue department.
Rajendra K Goyal
(Expert) 30 May 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Housing-society-case-601051.asp
Kumar Doab
(Expert) 30 May 2016
The relevant sections have already been highlighted.
You may go thru:Section: 80(1)(b)
The West Bengal Co-Operative Societies Act, 1983
Act 45 of 1983
http://www.commonlii.org/in/legis/wb/act/wbcsa1983332.pdf
Kumar Doab
(Expert) 30 May 2016
It has been believed that the nomination in co- op housing society does not create parallel route to succession.
The opinion may change.
The relevant Act of the state may have to be gone thru.
The following judgment, may be studied in accordance with The West Bengal Co-Operative Societies Act:
Calcutta High Court
Sri Abinash Chandra Chakraborty vs The State Of West Bengal And Ors
https://indiankanoon.org/doc/1052966/
T. Kalaiselvan, Advocate
(Expert) 31 May 2016
The author has not given answer that how come JMFC has issued a certificate for legal heirs, he /she is neither the revenue authority nor the law mandates them to issue a certificate this way.
There is a very clear and detailed clarification about issuing legal heirship certificate in respect of class II legal heirs too by the revenue department and a detailed clarification was given by expert Mr. Kumar Doab in a previous thread while answering a question regarding issuing such a certificate by the revenue department by quoting relevant settled laws in this regard.
Also you have not answered whether the society has refused to issue membership in writing and has called for the succession certificate.
Kumar Doab
(Expert) 01 June 2016
Dear Experts,
The above mentioned judgment citing The West Bengal Co-Operative Societies Act, hints that 'Person Nominated' may be owner. This is contrary to the belief that Nominee is not owner......
Calcutta High Court
Sri Abinash Chandra Chakraborty vs The State Of West Bengal And Ors
https://indiankanoon.org/doc/1052966/
Kindly moderate.
