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vinay kumar (News reporter)     14 June 2012

Transfer of property of deceased hindu son to mother

Dear Esteemed Learned Lawyers,

   Thanks for visiting this Topic & Spending your Valuable Time.I was Advised by one of my friends to Visit this Website to answer my query as it has Best Brains From legal Field.

One of My Close Unmarried  Friend,Hindu By Religion, a native of Uttar Pradesh & working in Delhi for past 1.5 years in Delhi,died interstate  this Year,Leaving his Mother,father,brother and two sisters in family.Both sisters are married & elder Unmarried brother is a Govt.Employee.His parents are dependent on him.

His Parents got issued a Surviving Members Certificate from SDM of the Tehsil of their Area which Clearly states The father & Mother to be only Valid Family Members.The Survivor Certificate further states that ,it is valid for amount upto Rs.5000/- only and for an Amount higher than that District Judge to be Contacted.The Deceased has purchased a Flat in Noida by Taking Loan from Bank under Construction Linked Plan and the Flat is Under Construction.The Falt is Mortgaged to Bank.While the Bank has agreed to handover Original Home Loan Documents/NOC to Deceased Mother after full  payment of Home Loan,The Builder Insists of Succession Certificate/Letter of Administration and Does not recognise Surviving Member Certificate as he says it is for  Rs 5000/- only.While the Mother ,who wishes to Inherit the property has even agreed to provide the Bulider with an Indemnity Bond,& father ready to provide with a NOC in favour of Mother to Deceased,but of no use.Kindly Guide as how the above property which was  Alloted to Son(& not Registered till Date in name of Son) by Builder be transferred easily in name of Mother ,who happens to be a Class I Heir to Deceased.

Pls Help......

                                                                              Thanks for Bearing With Me.

                                                                                         Warm    Regards,

                                                                                                     Vinay Kumar


 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 June 2012

Get the heirship certificate from the court (declaration that a person is a legal heir).

Adv Archana Deshmukh (Practicing Advocate)     14 June 2012

Get the heirship certificate from the court (declaration that a person is a legal heir) in favor of the mother.

vinay kumar (News reporter)     14 June 2012

Thanks for your Reply.Pls guide ,how same can be obtained from District Judge Court in UP. & if the Certificate Issued is also of some Valuation"(Like Certificate by SDM was upto rs5000/-)

Adv Archana Deshmukh (Practicing Advocate)     14 June 2012

Declaration that a person is a legal heir of someone does contain any validity for a particular sum of money. It is suit for  declaration. Consult a local lawyer.

vinay kumar (News reporter)     15 June 2012

Thanks for your reply,

 I consulted a Local lawyer who told me that at the Time of Filing a Declaration Suit,there is no issue,but at the time of Passing a Judgement,The Court requires Succession Certificate/Probate/Letter of Administration in order to declare Petitioners as Legal Heirs.Kindly clarify about the issue.

                                                                     Thanks In Advance

                                                                                 Vinay Kumar

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