Dear Esteemed Lawyer Friends,
A Relative of mine Expired last year .He was a Hindu & unmarried at the time of Death & is survived by his mother & father.He was Allotted a Flat in Noida with a Private Builder whose cost was about 36 lacs.
At the time of his Death,he has paid Rs 17 Lacs (rs 5.5 lacs from his own pocket & Rs 11.5 lacs via Bank Loan) to Builder.After his Death,his mother paid all bank loan of RS 11.5 lacs from her resources & paid remaining 19 lacs to builder(36-17) ie she paid a Total SUm of Rs 30.5 lacs(19 lacs to builder & 11.5 to Bank) out of rs 36 lacs cost of flat.
THe BUilder has now asked for a SUCCESSION CERTIFICATE in name of Mother to Transfer Allotment of flat in her name so that the Flat may be Registered with Noida Authority & has informed her that the Succession Certificate is to be made on a Valuation of rs 36 lacs.
My Question is
1-What is The Amount on which she has to pay Court fees to make Succesion Certificate?5.5 lacs or 36 lacs?
2-Is there any other Cheap Legal Alternative to Convince Builder that she is the only Class I Legal heir & that Deceased has made no WILL till time of his Death?
3-If Legal Heir Declaration Suit under Specific Reliefs Acts will help?if yes ,how?
As she comes from a small town,so I have come forward to help her,kindly Respond.
Thanking You
Thanks in Advance
Sarvesh
