succession certificate
santosh
(Querist) 10 July 2010
This query is : Resolved
after father's death, property (residential house) need to transfer to mother's name. does it required to obtain succession certificate?
both me and my sister don't have any objection.
property value is aorund 90 lakh or more than that.
is there any option to transfer the property with out paying 6 % of court fess?
Y V Vishweshwar Rao
(Expert) 10 July 2010
Where the Property is situated .
You can get a Regd partition Deed /Gift Deed /ReelaseDeed /Relinquishment Deed/ by both of you in favour of Your mother - in AP Stamp Duty is only 1% on SRO Value .With that Regd Deed the mutation can be made - Stamp Duty according to Your State Stamp Duty Act and Rules .
Chanchal Nag Chowdhury
(Expert) 10 July 2010
No. Succession Certificate is not granted for immovable property. U have not stated your place of residence. Usually, in such cases,the immovable property is mutated locally & in your case, since U have no objection, there should be no problem in mutating the immovable property in your mother's name.
Uma parameswaran
(Expert) 10 July 2010
As per my knowledge if a person died as intestate succession certificate is necessary to transfer her /his property.
B K Raghavendra Rao
(Expert) 10 July 2010
When a person dies intestate, his successors must obtain succession certificate to get the immovable property transferred in their name. There is no other way. That succession certificate need to be issued by a competent civil court. After obtaining the succession certificate it shall be registered in the office of the sub-registrar and then only transfer of property is complete. If you and your sister do not have any objection or do not want any share in the property, you both may execute relinquish deeds and get them registered so that your mother becomes the sole owner of the property.
santosh
(Querist) 11 July 2010
Experts, Thanks for your response;
Property is situated in the Maharashtra, Dist: Aurangabad.
