Succession certificate/letter of administration
PPBiswas
(Querist) 26 June 2013
This query is : Resolved
Sorry to bother you experts again. My father-in-law has died intestate. He is survived by his wife, one daughter and one son. Just before his death, he made an agreement to sell his house and accepted 20% advance payment. After his death, all three heirs signed a judicial affidavit before a first class magistrate, declaring heirship. But the buyer is insisting on succession certificate/letter of administration before he can complete the purchase. I need clear cut advice whether succession certificate/letter of administration is really necessary or not. I also need few citations as supporting documents. Please oblige.
Adv Archana Deshmukh
(Expert) 26 June 2013
Succession certificate is not required in case of immovable property, a heirship certificate is needed. Mutate the property in the names of the heirs and then complete the sale.
Advocate M.Bhadra
(Expert) 26 June 2013
There are different provision for mutation in different sates.Generally Declaration Affidavit of legal heirs or Legal Certificate issued by the Govt. Authority is enough to mute the name of present purchaser.Succession Certificate is needed where the deceased did not mention the nominee in deposit and securities.
Letter of Administration;--upon death of a person or leaving his property without assigning any legal heirs for that property will arise the question who will be the owner for that property. In that case a person who feel that he/she is eligible to be legal heir for that property can apply for the Letter of Administration to the local court. After the property inquiry, if the court satisfied it will appoint that person as the owner for that property.
Supreme Court of India
Crystal Developers vs Smt. Asha Lata Ghosh ... on 5 October, 2004
Author: Kapadia
Bench: A Bhan, S Kapadia
CASE NO.:
Appeal (civil) 6258 of 2000
PETITIONER:
Crystal Developers
RESPONDENT:
Smt. Asha Lata Ghosh (Dead)Thr.Lrs.Ors.
DATE OF JUDGMENT: 05/10/2004
Raj Kumar Makkad
(Expert) 27 June 2013
There is no such requirement of succession certificate or letter of administration in the given case as discussed above.
