Transfering property on mother name

Fahad (Querist) 09 August 2015 This query is : Resolved
Good morning,

My father and mother jointly booked a flat in greater nodia. But around 3 month back my father passed away without leaving any will.

Now when we approach the builder to transfer the flat on my monther name, he is asking us to bring sucession certificate.

We stay in hyderabad and our family consist on 3 brothers.
We all are in aggrement to transfer flat on mother name and had also gave the Noc, Relinquishment deed and indemnity deed.
Even then builder is asking for sucession certificate, which I came to know take few months and some percent of property.

Can I know what are my option now.

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Guest (Expert) 09 August 2015
Builder is Right.Your Deeds submitted to Register the Property in your Mother's Name would be Valid Once it Is Enclosed with Succession/Legal Heir Certificates.

Isaac Gabriel (Expert) 10 August 2015
The transfer could be made based on legal heir certificate

Chanchal Nag Chowdhury (Expert) 10 August 2015
The builder is either ignorant or has ulterior motives.A sucession certificate is issued only in respect of DEBTS payable to the ESTATE of a deceased & not to transfer immovable properties.Check the terms of the contract.A legal heir certificate coupled with a letter of relinquishment in favour of the mother is more than sufficient.
If the builder insists to the contrary, file a case against him.

Kumar Doab (Expert) 10 August 2015
Visit the website of authority under which the flat falls in NOIDA say; Greater Noida Development Authority....................and download rules that apply for such cases........................

If required speak to the estate officer and clarify.Once you have the full information and details bring the builder skillfully into agreement and build evidence and record.

If nothing works consult an able lawyer specializing in revenue/property/civil matters.

T. Kalaiselvan, Advocate (Expert) 16 August 2015
The succession certificate is not necessary under the given situation, a legal heirship certificate from the revenue department as well as proper NOC from other legal heirs may be sufficient to transfer the shares of property belonging to your deceased father in the name of your mother, if need be you may even submit an indemnity bond for the purpose.

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