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.
Thanks for Bearing With Me.