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Bamji Survase (Owner)     05 June 2014

Administrator of intestate person, only one legal heir there

Hello,

Some details about my family background:

  1. Our nuclear family is Hindu by religion.
  2. My father and mother both are deceased.
  3. I am their only child. I have no siblings.
  4. That I am the only child is endorsed in our ration card.

Some details of the immovable property in question:

  1. This is an independent commercial shop located in Navi-Mumbai area under Navi-Mumbai Municipal Corporation.
  2. We pay the property tax and water bill directly to the NMMC.
  3. The shop is in the name of my father only. There are no co-owners. My deceased father is the sole owner of this immovable property.
  4. There are no outstanding loans on this property.

Now, my questions:

  1. Is succession certificate mandatory to get the property transferred in my name? Is not only ration card, death certificate, etc. sufficient?
  2. In case succession certificate is mandatory, can I rent out the property on Leave and License basis?
  3. Have I become the "Administrator"(as defined in Indian Succession Act) of this shop and other similar estate?
  4. Have I become "Administrator" by default/definition or do I have to apply to any court?
  5. What certificates do I need to be able to give it on rent and get it transferred on my name?
  6. Some people(online forums) are saying that as the property in questions is only of immovable type and no movable type property is involved, I will need "legal heir certificate". But google search reveals that Legal Heirship certificate is not valid for immovable property transfers.

Thank you for answering my questions.

-Regards,

Doc.



Learning

 1 Replies

Bamji Survase (Owner)     05 June 2014

***deleted*** modified the previous message instead


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