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Sunil (Service)     10 April 2013

Agreement without registration, one owner deceased

Dear Experts,

            My mother had purchased a flat in Goa (Taleigao area) for which there was an agreement signed by the builder and the other party was my mother and me (both our names appear on the agreement) in the year 1999. In the year 2006, my mother passed away. We got possession of the flat in the meanwhile (keys are with us ). Till date (April 2013 as of now) the said property has not been registered. For registration - the builder is asking me to get a succession certificate. 

Surviving legal heirs are : my father, my sister and myself. (others have no problems in the property being registered in my name alone) There is no co-operative society formed as yet as most of the flats have not been registered. (Electricity Bill etc. still comes on my mother's name)

1. Will I require a succession certificate ?

2.If Yes, then what is the procedure and approximate expenses for obtaining the succession certificate ? (I am currently living in Pune with my father whereas my sister lives abroad ).



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 April 2013

If you are permanent resident of Pune, you can apply for the Tahasildar of the Taluka to issue survivors certificate.  If you want legal heir certificate then you will have to file a suit for declration.


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