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Sarvesh (others)     09 July 2013

Court fees calculation on succession certificate

Dear Esteemed Lawyer Friends,

                  A Relative of mine Expired last year .He was a Hindu & unmarried at the time of Death & is survived by his mother & father.He was Allotted a Flat in Noida with a Private Builder whose cost was about 36 lacs.

At the time of his Death,he has paid Rs 17 Lacs (rs 5.5 lacs from his own pocket & Rs 11.5 lacs via Bank Loan) to Builder.After his  Death,his mother paid all bank loan of RS 11.5 lacs  from her resources & paid remaining 19 lacs to builder(36-17) ie she paid a Total SUm of Rs 30.5 lacs(19 lacs to builder & 11.5 to Bank) out of rs 36 lacs cost of flat.

THe BUilder has now asked for a SUCCESSION CERTIFICATE in name of Mother to Transfer Allotment of flat in her name so that the Flat may be Registered with Noida Authority & has informed her that the Succession Certificate is to be made on a Valuation of rs 36 lacs.

My Question is

1-What is The Amount on which she has to pay Court  fees to make Succesion Certificate?5.5 lacs or 36 lacs?

2-Is there any other Cheap Legal Alternative to Convince Builder that she is the only Class I Legal heir & that Deceased has made no WILL till time of his Death?

3-If Legal Heir Declaration Suit under Specific Reliefs Acts will help?if yes ,how?

As she comes from a small town,so I have come forward to help her,kindly Respond.

Thanking You

Thanks in Advance

Sarvesh



Learning

 1 Replies

Sanjeev (Advocate)     16 February 2014

There is an alternative procedure also. 

 

Firstly you may obtain legal heir certificate/surviving members certificate from your concerned SDM OFFICE /TEHSIL OFFICE, by making an application in that regard and thereafter  all legal heirs may relinquish their right in favor on any one of the legal heirs by executing a relinquish deed and got that relinquish deed registered before concerned sub-registrar and then the builder will transfer the flat in the name of that person as mentioned in the relinquish deed and if the builder refuses to do so you may file a suit for mandatory injunction against the builder.

Regards

Sanjeev Mangla

9891062169


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