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sbalachander   03 March 2015

Succession certificate

My mother purchased an apartment in chennai in the year 2002. She died interstate in  the year 2011. We are 2 brothers and 2 sisters. My 2 sisters did a settlement deed of their shares in my favour after my mother's death. One of my sister after executing settlement deed contested through her lawyer asking for the setllement deed to be revoked. The case was dismissed due to default as she didn't serve us. 

My brother is holding the  remaining. 1/4 share. Now me and my brother have agreed to sell the apartment. Do we need to apply for a succession certificate from the court to be furnished to the purchaser.  How can we be issued a succession certificate if she objects and is there any alternative to the succession certificate.

Would appreciate if expert lawyers can provide some answers to my problems.

 

Thanks

Balachander.S



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 March 2015

succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     04 March 2015

Since your sisters have executed the settlement deed infavour of you, you can sell out the property along with your brother. There is no need to obtain succession certificate to sell out the same.

sbalachander   05 March 2015

Thank you lawyer Saleema Kabeer.

 

Balachander

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     05 March 2015

Welcome.


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