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balas (Chartered)     24 December 2012

Is succession certification mandatory property registration

Hello All,

I'm planning to buy a property in Karnataka. The property in sub-registrar office stands in the name of titleholder who passed away. few years back.  Is Succession Certificate mandatory to buy and register this property ? (although the legal heris are willing to sell the property and deal withoutt the succession certificate). Please also let me know any legal  complication that might arise in future if we go ahead without the Succession Certificate.

 

Thanks

bala



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 4 Replies

Advocate Vishnu (Advocate)     24 December 2012

The reason you are advised to have a succession certificate is that , being ancestral property even the grandchildren will have birth right on the said property . Hence it is always advisable to obtain a succession certificate on the said property to avoid problems in future. " Buyer Beware" is the principle of law , if you go to courts.

balas (Chartered)     24 December 2012

Thanks Mr. Vishnu for your guidance.

One query though, In the event of no grandchildren at the time of sale and given that the existing legal heir(s), i.e. spouse of titleholder (now deceased) willing to do the transfer without the succession certificate and her 2 sons (major) having given a registered release deed to their mother to go ahead to sell the property, will the proposed sale be legally deficient in any nature ?

Thanks

Bala

Advocate Vishnu (Advocate)     28 December 2012

From the details you have provided, I do not forsee any problems in the proposed sale. Pl make sure the release deed is registered as you are dealing with immovable property.

balas (Chartered)     29 December 2012

Thanks Mr. Vishnu for your guidance and Opinion.

 

Thanks

Bala


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