Succession certificate is necessary or not?

BAALASUBRAMANNYAMM (Querist) 25 October 2011 This query is : Resolved
Respected Experts,
Plz. suggest me suitably.
"Some landed property is in the name of Father and mother. Both are died two years back. Now the Legal Heirs ( Sons and daughters) are alienating the same to my client. Now I am insisting for "Succession Certificate" from a competent Civil Court. Whether it is necessary or not. In the absence of such Certificate, shall i go for further or not.

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Devajyoti Barman (Expert) 25 October 2011
Succession Certificate is issued only in respect of moveable property, not with regards of immoveable property.
If there is a Will then ask for Probate.
If no then they should affirm affidavit that they are the only legal person of so and so person.

BAALASUBRAMANNYAMM (Querist) 25 October 2011
Barmanji Sir,
Actually there was a will executed by father in favour of his elder son, but after his death, the family members executed a MOU with the properties,and agreed to cancel the said will at mutual consent. Hence I have this doubt.

Shailesh Kr. Shah (Expert) 25 October 2011
executed MOU between family member have no legal value.

Sankaranarayanan (Expert) 25 October 2011
yes the will is the vital value

Devajyoti Barman (Expert) 25 October 2011
Why do not you include the whole details in your query?
The MOU does not have much value. However they can now enter into a mutual deed of partition and register it.

prabhakar singh (Expert) 25 October 2011
Since you are proposing to buy from them it is your duty to inquire with due diligence.
If there was a will and they are throwing the will by agreement then ask them to do so by a CIVIL SUIT and compromise thereof in the CIVIL COURT especially by reference made to LOAKADALAT so that your all hardships in this respect may stand subsidized for future.

Do not ask for any thing less than i have advised.

ajay sethi (Expert) 25 October 2011
better get a probate done . if testator left a will insist on probate . at present there is a buyers market . search for another property.

prabhakar singh (Expert) 25 October 2011
Mr. Sethi !There is consensus in sellers family members to throw the will as it is in favor of only one,hence i advise to seek its cancellation by suit and not by private agreement as they have already done but i view that not a proper legal course to cancel a will.

BAALASUBRAMANNYAMM (Querist) 25 October 2011
Thanks to all the respected Experts. Thanks for giving maximum opinions, what exactly I need. Now it is clarified.
Thanks to all.