TANOJ KUMAR PATRO (TECH STAFF) 23 December 2019

Succession certificate

A hindu lady having house property in Bangalore corporation limits, and having 1 son, 2 married daughters and her husband, died intestate in September 2017. The family members(Hindu) got her death certificate after 10 days. Then Khata endorsement of property stands transferred only in sole name of son in August 2018. In June 2nd week 2019, khata extract and khata certificate stands transferred in sole name of Son. Then, in 4th week of June 2019, the family members got Legal Heir Certificate from Deputy Tahsildar and by this the family members (son, daughters and husband of the lady who died intestate) claimed themselves as Coowners of the property and sold the property to a purchaser through registered sale deed by claiming and signing all of them as Absolute coowners.
My Query is:
1. since the Lady died Intestate (HINDU), why Succession certificate not obtained?
2. How, Legal Heir certificate was issued, in absences of Succession certificate?
3. How, Khata endorsement, khata extract and khata certificate, all stands transferred in the sole name of son, and that too, when Legal Heir Certificate was issued to all the four family members much afterwards.
4. when Khata endorsement, extract and certificate (all) stands transferred in name of only son, then How all the four family members (son, 2 daughters and husband)of the lady who died intestate, could execute sale deed as coowners to the new purchaser?
5. Is only getting Legal Heir certificate is enough to claim as coowners and execute saledeed in favour of purchaser?
6. Which is first Requirement by LAW: Succession Certificate or Legal Heir certificate , for a Hindu family for a intestate property ?
7. what are the documents required and procedure to obtain Succession Certificate for Hindu family for Intestate property of a deceased lady?
8. What are the documents required and procedure to obtain Legal Heir Certificate for a Hindu family for Intestate property of a deceased lady?
9. Which Govt. Authority issues Succession certificate and Legal Heir certificate to a Hindu family for a intestate property of a deceased lady in Bangalore Corporation limits?
10. Which Guidelines Karnataka Subregistrars follow to execute a registered saledeed of a intestate property, in Bangalore Corporation Limits?

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5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 23 December 2019

Dear sir,

You have to obtain copies of all the documents submitted for transfer of property and get verified from local advocate to know the valid transfer. Thereafter you can decide to take legal action.

Regards,

G.L.N. Prasad (Retired employee.) 23 December 2019

The way you are interested in the transaction was not informed. 1. Succession certificate is not mandatory if legal heirs or not known and only in claim settlement it may be required and not for the regular sale transactions. 2. Legal heir certificate has to be provided by Revenue authorities at the request and this is in no way related to SC. 3,4..Any entry is done as per laid down procedure after obtaining documents, these entries neither bring or take away rights of parties. If the purchaser insists that all co-sharer must sign, the document must be executed to satisfy the purchaser. (mutation can neither bring nor take away legal heir's rights) 6. It all depends on the choice of purchaser, even without any document he can get a sale deed from any one of them and may take the risk. 7. The court grants such a certificate on application by legal heirs and a tedious process involving time and money. 8. A simple application as per format to Revenue authorities and payment of nominal fee can get a Legal Heir certificate. 9. Please read 7 & 8. 10. The sub-registrar is concerned only registration of sale deed and collection of such stamp duty for sale, itis the purchaser that has to satisfy himself as he is taking such risk.

You can search for details in Google with key words.

G.L.N. Prasad (Retired employee.) 23 December 2019

You can search for details in Google with key words.

Shashi Dhara 23 December 2019

It is immovable property so succession certificate is not necessary if any one challenges the ownership or succession over immovable property they have to approach civil court.

T. Kalaiselvan, Advocate (Advocate) 27 December 2019

1. Succession certificate is not required for immovable property.

2. There is no legal infirmity in it.

3. By submitting an application to which the other legal heirs did not object.

4. Khata is not a title document.

5. Yes, legal heirship certificate is an important document for selling the property to the prospective buyer by all the shareholders.

6. Legal heirship certificate.

7. The succession certificate is required only for acquiring the movable assets of the deceased.

8. Death certificate of the deceased and the identity proofs of all the legal heirs along with the application.

9. The succession certificate shall be issued by the court of law and the legal heirship certificate shall be issued by the local revenue department.

10. As per transfer of property act.