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amitgu   23 March 2015

Difference between succession certificate and relinqueshment

Hello,

I have below questions:
1. What is the difference between succession certificate and relinquishment deed. What are the legal implications and disadvantage of both.


2. My father died recently leaving behind a floor in Delhi and plot in Noida. What would be the best and most suitable way to transfer these properties in the name of my mother. It is needed in order for her to become complete owner in order to able to sell if needed and also we can apply for mutation in relevant authority. Will the relinquishment deed be enough for it. If not, then what else is needed.

Also, my grandmother is alive. Does her consent also needed for the same.


Thanks,

Amit



Learning

 3 Replies

Laxmi Kant Joshi (Advocate )     23 March 2015

After the death of your father your grand mother, your mother and you (you didn't mentioned about your other siblings )are the legal heirs of your father, for legal heirs you have to obtain succession certificate from the civil court and afterwards if you all agree to transfer all the properties in your mothers name then you have to submit your relinquisment deed in favour of her on the procedure of mutation, then after this procedure your mother will become sole owner of your fathers properties and got all legal right over them .

Kumar Doab (FIN)     23 March 2015

Agreed with Mr.Joshi.

The society etc under which the plot and flat falls should have explained the procedure and placed requisite forms on its website.

It might be possible to write recital of ClassI Legal heirs on forms and with NOC of rest of the legal heirs on forms the transfer might be possible.

Check yourself and seek consultation from local lawyer dealing in civil/revenue/property matters , to satisfy yourself before you proceed.

The lawyer that has examined all docs can advise you the best.

amitgu   23 March 2015

Hello,

Is it needed to get BOTH Succession certificate and relinquishment deed. Relinquishment deed alone will not suffice?

How both Succession certificate and relinquishment deed are different.

Thanks


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