Succession certificate
Gul Thadani
(Querist) 24 June 2015
This query is : Resolved
The Flat in which i reside is in my aunties name ie my Father sister. Both of my aunt are no more they use to stay with us only.
Now even my father is no more i am survived with my wife ,son and my mother. I want to change the name in the society which they have refused to do so. One of the member have suggested me to get the Succession Certificate from the high court.
Can anyone guide me as how the process or procedure for this and how much it would cost to do so.
Thanks
Kumar Doab
(Expert) 24 June 2015
How did deceased owner (your aunt) acquire this property; self earned/self acquired, from her father?
Assuming that it was her self acquired property and deceased owner (your aunt) was Hindu and was unmarried/had no surviving children/husband and has not left any WILL and her mother is also deceased then heirs of her father shall be the successor(s).
Succession Certificate shall be issued in your name if you are the sole successor of the deceased owner (your aunt).
A local lawyer can guide you on the procedure, time taken and fees.
Rajendra K Goyal
(Expert) 25 June 2015
The property of the deceased would be inherited by his / her legal heirs. Get legal heirs certificate, consent letter / sale / gift / relinquish deed from legal heirs to transfer the property in your name.
Gul Thadani
(Querist) 02 July 2015
The original property was on my grand mothers name and she had transferred it to my aunties ie both the daughters now they are also no more and even my father is no more.Can my mother be eligible for the same also my sister who is elder to me but she is not normal spastic who cant see/walk cant do her thing properly on her own
Kumar Doab
(Expert) 02 July 2015
How was the property (Flat) transferred by original owner (Grandmother) in name of her daughters (your aunts)? E.g. Nomination in society, transfer of shares, gift deed/WILL etc.
This is required so as to understand the clear title of ownership?
Nomination in housing society does not confer the ownership.
The legal heirs shall succeed to be the owners.
In case the there is NO clear and valid ownership in the name of both the aunties then the deceased Grandmother shall remain the owner and her legal heirs shall be successors.
If the clear ownership is in the names of both the aunties then (i.e 50% each) then their legal heirs shall be successors.
The property of a female Hindu dying without WILL shall be distributed:
1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .
The succession certificate shall be issued accordingly by the court of pecuniary jurisdiction that may be High Court in your case.
As already posted a local lawyer dealing in such/property/revenue/family/civil matters can guide you on the procedure, time taken and fees.
Gul Thadani
(Querist) 02 July 2015
I am not sure as to how the transfer has been done to my knowledge its been done by transfer of shares. The current maintenance bill come on both of my aunties name and they were not married and so no children, both of them use to stay with us my father till he was there and after he expired i use to take care of them.as now i am staying but i cant get in to any society matter for example i am on 3 rd floor ie the top floor so i have heavy leakage problem which society doesn't entertain or listen to me to get the work done as per the bye law. I am spending every year from my pocket.
Kindly help or if you know someone in mumbai chembur who can guide me as i am the only earning member and i am salaried working for a proprietor firm with little salary to survive.
Kumar Doab
(Expert) 02 July 2015
Regret I do not anyone.
LCI Expert Advocate Mr. Ajay Sethi is from Mumbai. You can access his profile and seek his counsel.
It shall be prerogative and discretion of Mr.Sethi to counsel you.
