Kiran (Proprietor) 08 April 2015

Succession certificate

My maternal uncle died without making will, he was not married, his brother is alive and his sister (my mother) is not alive , He has property which need to be transferred to his brothers name

His brother has to apply for succession certificate for transfer of property

I do not want to persue my rights as class II legal heir and forgo my right in the property

In what format I give consent to his brother so that my name does not appear in succession certificate ?

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5 Replies

saravanan s (legal advisor) 08 April 2015

when you file an application for sucession certificate in the court produce a noc from your side.

SAINATH DEVALLA (LEGAL CONSULTANT) 09 April 2015

As U do not want too persue UR rights, submit an affidavit to that effect.

T. Kalaiselvan, Advocate (Advocate) 12 April 2015

The succession certificate to class II legal heirs will be granted only to the surviving heirs and not to the deceased brothers or sisters, hence there is no question of you giving NOC when your mother is no more and a brother survives the deceased person. In my opinion there is no need for the said issue, you may consult your lawyer too on this aspect.

sripartha (advocate ) 14 April 2015

instead of succession certificate...you can also apply for legal heir certificate with two prayers in it one to , declare that ur uncle's brother as his legalhier and with second prayer stating that your share of the property shall also be transferred to your uncle's brother and you do not want any share in it.. i feel getting legalheir certificate will me more easier than getting succession certificate with you kind of issue