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Vandan Kumar   27 April 2021

Legal Heirship Certificate - Query.

Hi All,
Can anybody pls advice whether "Legal heirship certificate" is sufficient to transfer the flat of deseased to his son or Succession certificate is required to obtain from Court?, Matter is of Mumbai.

Already Deceased Son's name is in Nomination in society Record. and no other legal heir in class 1.
pls Advice, its Urgent pls



 7 Replies

Sankaranarayanan (Advocate)     28 April 2021

What about your mother? 

G.L.N. Prasad (Retired employee.)     28 April 2021

What is the urgency now?  If the legal heir certificate states only your name as sole legal heir, then there may not be any necessity for such SC.  Only if there is a fear of challenge of title in future, then there may be a problem.  If there are no Class 1 legal heirs, then you are sole legal heir and contact a local advocate to convince yourself.

Vandan Kumar   28 April 2021

both father and mother died

Kishor Mehta (CEO)     28 April 2021

[1] Since the nomination is in the name of the son, the society will have to transfer the share certificate to the name of the nominee, [2] You will have to obtain a succession certificate from the Hon.Bombay High Court to become the absolute owner of the flat.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     29 April 2021

Nomination is in your name. It was given by your Father in whose name the Share Certificate is Father and Mother already deceased. So what is the immediate need and necessity for the Succession Certificate or Legal Heir Certificate. You may apply to the Society along with your Aadhar Card (as identity proof for you where your father's name also appears), Death Certificate of your father, and Death Certificate of your Mother if need be. Impress upon them to transfer the Share Certificate in terms of Nomination already in their records.

Vandan Kumar   29 April 2021

Thank you very much sir for your valuable advice n time putting for me.
coule you pls enlight me on provision of bye laws in Maharashtra by which it is mandatary by Society to transfer name to his nominees and the same nominees is only legal heir of his deceased parents., Thank you once again

Kishor Mehta (CEO)     29 April 2021

[1] It is specified, in the Model Bye-Laws of Co-Operative Housing Society of Maharashtra, that society is legally obliged to transfer the share certificate of the flat to the nomiee. [2] Nomiee does not become the absolute owner of the flat neither has he the voting power in the society, [3] In order to become the absolute owner of the flat the legal beneficiary of the owner has to get a succession certificate from the Hon. Bombay High Court.

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