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Pinakesh Dey (m)     14 May 2013

Succession of house property

If a person owned a property and died without executing a will then how is successor is getting the right in the deceased property The heir has succesion certifcate from the competent Court and he is the single successor In spite of that can the Housing society can claim indemnity bond and affidavit for transferring the property right

Kindly advice

 4 Replies

SRISHAILA.DHARANI (Advocate&consultant)     14 May 2013

No, they can not ask.,Issue them a legal notice, if they didnt listen to you.


Advocate Sastry (Advocate)     14 May 2013

The Succession certificate from the court proves that you are the owner of the property and succeded to it by WILL... However, to change the property into your name the Housing society can very well ask you to submit affidavit and indemnity alongwith copy of Succession Certifciate... Please comply their requirements..

Pinakesh Dey (m)     14 May 2013

My question is since I am a lawful owner why the housing society asked me to furnish the promose to make them good the loss of the property in future Do they collect it rom the pr4esent owner also Affidavit to be given for what since I am giving notarized siccession certificate Above that will I give declaration regarding succession

kindly advice

Advocate Sastry (Advocate)     15 May 2013

No doubt that you are the owner... The Society might be collecting these Indemnity and Affidavit from others also... Find out from the Secreatary of the Soicety... If you have further doubts please contact other owners and also go through the Bye Laws of the society.... By submitting the requested documents they will change the name in their records.... I do not find anything wrong on the part of the society in asking Indemnity and Affidavit..

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