LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay Sanger (General Manager)     10 February 2010

Succession certificate

Kindly guide if success certificate is not required in the following case --

01.  Flat in Maharashtra has been aquired by wife and share certificate by housing society are in her name.

02.  Municipality records show property in the name of husband and wife.

03.  Husband dies without leaving any will.

04.  Loan was taken from ICICI Bank and death certificate of husband submitted.

05.  There are no children of couple.

Kindly guide that no succession certificate is the required by Municipality to show that wife is the sole owner.

Kindly also guide that housing society does not also requre any succession certificate as share certificates issued by society are solely in the name of wife.

Best wishes,



Learning

 15 Replies

A V Vishal (Advocate)     10 February 2010

In exercise of the powers conferred by section 28­A(1) of the Bombay Civil Court Act, (XIV of 1869), the High Court has invested all Civil Judges (Junior Division) with all the powers of a District Judge in the matter of issuing Succession Certificate limited to debts and securities to the extent of their pecuniary jurisdiction

Court Act, (XIV of 1869), the High Court has invested all Civil Judges (Junior Division)
with all the powers of a District Judge in the matter of issuing Succession Certificate
limited to debts and securities to the extent of their pecuniary jurisdiction

Vijay Sanger (General Manager)     10 February 2010

I thank you for your reply. Kindly guide if the succession certificate is not required in the present case and if so, relevant rulings may also kindly be guided sir.

A V Vishal (Advocate)     10 February 2010

Since the points raised don't pertain to any securities or debts, no succession certificate is required under the specific points raised by you.

V. VASUDEVAN (LEGAL COUNSEL)     10 February 2010

 Please clarify point 1 and 2. The property is only the Flat are any other property! if one, how is the property records in the municipality shows two names and in society the name of wife. This is very important for a proper clarification

vasudevan

Vijay Sanger (General Manager)     11 February 2010

01.  Flat is the only property. Since it was acquired by wife and she spent the initial money over it, her name appears on the share certificate.

02.  Municipal records show two names as wife as a gesture of goodwill got the husband's name in Municipal Records.

Vijay Sanger

 

 

Anil Agrawal (Retired)     11 February 2010

In CHS it is the share certificate that is conclusive proof. How has she ACQUIRED the flat? Every day under nomination duly filed and registered with CHS flats are transferred in the name of the nominee as per bye laws.

I just can't figure out how municipality comes into the picture. It sends a combined bill for property tax, waster tax, education cess etc. to the CHS and not to an individual member.

Please clarify.

Vijay Sanger (General Manager)     12 February 2010

Sir, having been registered in Municipality records and having submitted death certificate of husband and share certificates in the name of wife, kindly guide if it is possible to get the sole ownership in the name of wife in the Municipality records. Alternatively, is it now possible to get registeration with CHS (full name may kindly be intimated) now and get the sole ownership in the name of wife. As already informed, flat has been got financed from HSEB (not ICICI Bank) Bank, to whom also death certificate of husband submitted.

Best wishes,

Vijay Sanger

Vijay Sanger (General Manager)     14 February 2010

Dear Mr. Anil Agrawal, I am fully aware of your pre-occupations. Since this the case of my daighter, may kindly guide me by sparing sometime please.

Best wishes,

Vijay Sanger

 

Anil Agrawal (Retired)     14 February 2010

 I am afraid you will have to obtain letter of administration from the proper court to settle the matter once for all both in the CHS and in the municipal records. Who never know when the "other legal heir" will spring up.

Vijay Sanger (General Manager)     15 February 2010

Dear Mr. Anil Agrawal,

I thank you for your reply. Is it possible that I go in stages. First I go to CHS and on the basis of share certificate issued in the name of my daughter and get myself registered. Kindly guide the full form of  CHS and its full address in Pune please.

Best wishes,

Vijay Sanger

 

Vijay Sanger (General Manager)     16 February 2010

Dear Mr. Anil Agrawal, May kindly find time to tell me the full form of CHS please so as to register the share certificates in CHS.

Best wishes,

Vijay Sanger

Vijay Sanger (General Manager)     17 February 2010

Dear Mr. Anil Agrawal,


May kindly find time for me to tell me the full form of CHS and its address in Pune sir, enabling me to get the registration with CHS as my daughter has already registered with Municipal Committee sir.


Best wishes,

Vijay Sanger

Vijay Sanger (General Manager)     19 February 2010

Dear Mr. Anil Agrawal,


I thank you for your help and guidance. I am very keen to get the flat registered with CHS as very kindly advised by you. I once again request you to kindly tell me the full form of CHS and its address in Pune. It seems you are referring where flats society got themselves registered. Kindly guide by taking a few moments from your valuable time please.

Best wishes,

Vijay Sanger

Vijay Sanger (General Manager)     19 February 2010

Share certificates have been issued by housing society in the name of my daughter. Kindly guide if CHS is other than the housing society. To my mind CHS seems to be 'Co-operative Housing Society'. If it is other than housing society who issued the share certificates, kindly tell me the address in Chichwad/Pune so as to move ahead.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register