Succession without succession certificate ?

Guest (Querist) 01 September 2010 This query is : Resolved
I am a real estate agent.

One person died after registering will in his youngest son's name out of his 4 children.

Now the boy wanna sell the property,I suggested him to get the probation of the Will done and obtain a proper legal succession certificate.

But the boy insist that there is no need of succession certificate,he is ready to get the relinquishment deed registered by all the other deemed legal heirs i.e. his brothers and mother also.

Surprisingly even the sub registrar office gets the sale deed registered on the basis of Registered will/death certificate of the Will Doer/and relinquishment deed.

I argue that all these document do not clearly mention that the seller has become the owner of the property and how can one, who is not a entitled clearly to sell ,can sell some thing?

Am right or wrong ?

What is the way out,please share your your knowledge and experience.

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M/s. Y-not legal services (Expert) 01 September 2010
You can file a declaration suit. Declaration about the executted will is genuine. Then automatically the will in favour to whom that person can enjoy the possession of the property. Thats it.

M/s. Y-not legal services (Expert) 01 September 2010
If its possible mean you can get no objection from other legal heirs. Its wil be support to your case. If that property is ancestral property mean that will is null and void. Other legal heirs surely can challenge it.

s.subramanian (Expert) 01 September 2010
He is right in saying that no successsion certificate is necessary. His getting the release deed from other legal heirs will suffice. you can go ahead.

Rajeev kulshreshtha (Expert) 01 September 2010
At first if the will is registered than it be presumed as genuine and if you don't want the property on behalf of will the release deed by other co-owner is best way and than you can get property through sale by that single person.