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Succession certificate / legal heir certificate

(Querist) 29 August 2014 This query is : Resolved 
Freehold plot with Single Storey Bungalow in South Delhi, New Delhi.

Original Allottee(OA) purchased bare plot from The President of India in 1974.
OA Sold / Transferred it to Current Owner(CO) by way of a Power of Attorney, Agreement to Sell in 1987.

Conveyance deed in the name of the CO in 1997. All Stamp and Transfer duties paid.

CO Was married in 1978, in India, to an Indian. Both were Indian citizens at the time of marriage. Had 2 sons subsequently.

CO died intestate in 2013. Indian, but American citizen.
Heirs - 2 sons, Indian, but American citizens.
Divorced Indian, but American citizen wife in year 2000.
CO parents have expired. No other claimants.

What is the Procedure to transfer plot in the name of sons and divorced wife - OR will the transfer be just in the name of the sons, and not the divorced wife?

Is Transfer possible through Succession certificate or through just Legal Heir certificate?

Is any court fee applicable? What is the approximate time frame for this?
ajay sethi (Expert) 29 August 2014
divorced wife has no rights on her ex husband property . only his 2 sons will inherit property . obtain succession certificate if demanded by authorities for transfer of bungalow . court fees are payable as per court fees act of state . it should not take more than 6 months


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