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Sameer Arora (Private)     20 April 2015

Do we need a succession certificate ?

Person A (husband)  and Person B(wife) are joint owners of a plot allotted by the builder / developer.

Person A (husband) passed away without leaving a will.  

Builder is asking for a succession certificate to transfer sole ownership to Person B. 

Is a succession certificate needed by the joint owner in this situation? Please advise.

Thanks !



Learning

 5 Replies

saravanan s (legal advisor)     20 April 2015

since he had died intestate even the husbands share in the joint property will devolve according to hsa on class 1 heirs namely his mother,wife and children.so it becomes a  necessity to produce sucession certificate.other class 1 heirs of your husband must relinguish their share in the property through a registered release deed.

Laxmi Kant Joshi (Advocate )     20 April 2015

A had died intestate hence succession certificate is required to devolve his share in his wife name for that B have to file case to obtained succession certificate in The civil court, the legal heirs of A were his mother, wife, sons and daughters, after getting succession certificate B have to obtained noc / relenquish deed in her favour from her mother in law, sons and daughters to devolve A' s share to hers .

Kumar Doab (FIN)     20 April 2015

Any ClassI legal heir(s) can relinquish the share in favor of any legal heir by registered deed.

The relinquishment deed may be recited in application for succession certificate.

adv.bharat @ PUNE (Lawyer)     17 May 2016

1) Yes sucession certificate is necessary to prove that you were onlylegal heir to the deceased.

2) Cout will grant you sucession certificate. As per HSA Class I legal heir include mother, wife, children son, daughter.

3) Once u get sucession certificate then take release deed from other legal heir.

Thanks

Harrassed _by _498a (Executive)     19 May 2016

In Case of Immoveble properties no court will issues Succesion Certificate, Court will issue Letter of Adminstration , which means if a person dies intestate(without leaving a will or fail to appoint a executor in a will) probate court will appoint a Administrator who is the nearest legal heir alive or more persons in case more than 1 legal heir. and court will charge 4% fees in delhi with No capping of the estate value in your case if land value is 1 crore then 4 lacs will be charged as court fees.

 


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