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Succession

(Querist) 10 October 2012 This query is : Resolved 
Background: I am a citizen of the USA and also residing in the USA. I am also an Overseas Citizen of India.
My mother owned a flat in a Society in Mumbai and died in 2008 without leaving a Will. She has 5 children (3 sons and 2 daughters). All children are live. Four live in the USA and one in Gujarat. All five children want to sell the flat which is vacant except for the period when we visit Mumbai. I believe we are the only legal heirs as my father died before her and had no ownership in the flat.
Question: How should we proceed? Do we have to obtain a Succession Certificate? If yes, do we have to obtain is individually? Or can be obtain is jointly? What is the process? What documents will be required with the submission of the Application form. Which court should we approach? Should we then file the Succession Certificate with the Registrar (which I believe would be an option, not mandatory)? Or do we have to obtain a Legal Heirship Certificate from the Tehsildar? Or is there some totally different process?
What is the simplest and quickest way to handle this? Can this be done from the USA or do we have to come to India?
ajay sethi (Expert) 10 October 2012
you will have to obtain succession certificate from Bombay High court . it would be issued in name of leagl heirs .


you will need details of assets of your mother . pay court fees for obtaining succession certifcate .

you will have to engage a lawyer in bombay for said purpose


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