Death of one of the co owner of the property

ABHISHEK JAIN (Querist) 14 July 2014 This query is : Resolved
A HOUSE PROPERTY REGISTERED IN THE NAME HUSBAND & WIFE. IN CASE OF DEATH OF ONE OF SPOUSE WITHOUT ANY WILL WHETHER SUCCESSION CERTIFICATE IS NECESSARY FOR CREATING A CHARGE ON THE SAID PROPERTY.

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ajay sethi (Expert) 14 July 2014
who are the legal heirs to the property? you need LA to transfer property in name of legal heirs . your query is sadly lacking in material particulars

uttamtibrewal@yahoo.com (Expert) 14 July 2014
dear abhishek yes one need to have sucession certificate...

Rajendra K Goyal (Expert) 14 July 2014
Obtain Legal heir certificate and on the basis of this get the share of deceased co owner transferred in the name of legal heirs.

Raj Kumar Makkad (Expert) 14 July 2014
Legal Heirship Certificate of the deceased is required in that event.

Ramesh (Expert) 15 July 2014
Mr.Abhishek, a succession certificate is not issued in the case of immoveable properties. A charge(mortgage) on immoveable property can be created by the owners of the property only. On the intestate death of the owner of a property the rights in the property automatically pass to the legal heirs in terms of the Hindu Succession Act, (assuming the parties or Hindus).Therefore, in your case, in order to create a charge on the apartment it should be done by the surviving share holder along with the legal heirs of the deceased share holder.

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