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Sushil (student)     08 October 2012

Builder demanding succession cert from co-owner (husband)


A couple, A (husband) and B (wife) book an apartment and get the provisional allotment letter from the builder mentioning them as the joint owners. Three years after booking the apartment, B expires issueless and interstate.


Initially, on contacting the builder to issue a revised letter of offer mentioning A as sole owner, builder asked A to provide a letter from a competent authority to prove that they were issueless. Now, when A contacted the builder with Family Membership certificate issued by D.M., the builder has demanded succession certificate.


Is builder justified in demanding succession certificate in this case because here A succeeds B and becomes full/sole owner? As per the advice given in this post -, the builder is bound to delete B's name on production of death cerificate?



 3 Replies

shamataneja (Advocate)     09 October 2012


Builder is not justified in demanding succession certificate as he himself is a defaulter in issuing you the letter of allotment for past 3 years.

But it is in your betterment to apply for succession certificate if the flat is booked in yours and wife's name. You may make use of this succession certificate in respect of all properties standing in your wife's name. I you hold succession certificate it will help you to transfer the flat in your name alone. Succession Certificate will serve you purpose

Sushil (student)     10 October 2012

Thanks Mr. Kusha for your response.

I do not understand why a succession certificate be needed in case husband is the original alotee and sole successor. Getting a succession certificate is a long process and costly also. One may need to shell out 2-3% of property's value plus other expenses. Can you give me reference of a relevant law/ruling on what happenns in case any one of the joint owners of a flat dies?

he himself is a defaulter in issuing you the letter of allotment for past 3 years. >> Can you please elaborate?

Sushil (student)     17 October 2012

Hi anyone on this - "what documents are needed for name deletion in case one of the spouse dies interstate?"

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