VARSHA HODAR (ADMINISTRATOR) 09 December 2016

Succession certificate

i have got a bmc property from my aunty.she was bachelor and acquired the same property from her dad.All the siblings had given NOC at the time of transfer.She made a will in my name stating that the said property should be transfered in my name after her death as i and my mom wer looking after her. One of my aunty has objected that she is the legal heir and so the BMC is not transfering the property in my name and saying that u get succession certificate.Please guide me how to go about

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10 Replies

Kumar Doab (FIN) 09 December 2016

If the WILL is valid then why succession certificate?

Is the WILL declared invalid?

If WILL is contested then it is to be probated.

Has the said aunt contested the WILL?

In presidential towns; Mumbai,CHennai,Kolkota it is mandatory to probate the WILL.

VARSHA HODAR (ADMINISTRATOR) 10 December 2016

the will is registered. My aunty has not challenged ,but BMC officer says to get succession certificate as she has given objection letter to BMC not to transfer in my name.

Kumar Doab (FIN) 10 December 2016

Registered WILL is not easily set aside on the counts of authenticity.

In presidential towns; Mumbai,CHennai,Kolkota it is mandatory to probate the WILL.

Since one of the legal hiers has declined to sign NOC and confirm to the WILL, it is another reason to probate the WILL.

Consult with your own counsel.

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Kumar Doab (FIN) 10 December 2016

It is believed that the deceased owner was Hindu.

Since the proeprty devolved from father,legal heirs of father are successors and to share the estate.

Since your aunt is ClassI legal heir of her father she has a share.

Legal heir certificate might be sufficient.

NOC may not neccessarily amount to relinquishment.

This is another point, to be considered.

Therefore discuss with a very able local counsel on all parameters and show all docs on record and give inputs.

Kumar Doab (FIN) 10 December 2016

If the WILL is valid and submitted to act upon, then why succession certificate?

LCI Experts Mr. Hemant Agarwal, Mr. M.V.Gupta, Mr. Kishore Mehta are from Mumbai and handle such matters.

If you wish you may approach them and benefit from their counsel.

VARSHA HODAR (ADMINISTRATOR) 12 December 2016

SIR CAN YOU SUGGEST SOME CONSULTANT IN MUMBAI

Kumar Doab (FIN) 12 December 2016

I have already made a suggestion in last post.

VARSHA HODAR (ADMINISTRATOR) 13 December 2016

contact details of the consultant.If you can provide please

Kumar Doab (FIN) 13 December 2016

Log onto thier profile and contact or send a PM to them like you have been sending PM to me.

matt 14 December 2016

well i think you must approach any expert lawyer for that.so once he verify and check all legal papers he will deefinitely show you the way to move ahead.still if needed then you can ask bmc office to give the reason to why asking for succession certificate.

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