My father died intestate. He had entered into an agreement to sell our family home and had taken an advance against the consideration amount. My mother, sister and I (son) are the only legal heirs. We are ready to sell the building to the party with whom my father had entered into agreement. This party has asked us to produce succession certificate or letter of administration before executing the deed of conveyance. We have sworn an affidavit before a first class judicial magistrate, declaring ourselves to be the only three legal heirs. The buyer is not prepared to accept the affidavit as evidence of succession. Since it is expensive and time consuming we have decided against applying for succession certificate. Instead we plan to get the property mutated in our name in the records of Kolkata Municipal Corporation. Can we do it and what documents do we have to provide? If the property is mutated in our joint names, can the buyer still demand succession certificate? Please advise!
