Succession certificate for immovable property
PPBiswas
(Querist) 17 June 2013
This query is : Resolved
My Father-in-law has died intestate. Couple of months before his death, he made a sale agreement for sale of his house and took 20% advance payment. He is survived by one son, one daughter and wife. All three of them want to complete the sale. Do they need succession certificate and letter of authority or only judicial affidavit in front of a first class magistrate will be enough?
Rajeev Kumar
(Expert) 17 June 2013
An affadavit is enough before First class Judicial Magistrate with Death Certificate and Family list for executing the sale. Eventough the vendee may ask for succession certificate. Now it is better to obtain succession certificate.
Advocate Bhartesh goyal
(Expert) 17 June 2013
Succession certificates are always granted for debts and securities of deceased and not for immovable properties.
Rajendra K Goyal
(Expert) 17 June 2013
The Legal heirs may get the heir ship certificate and get the property mutated in their name. They can execute the sale deed afterwards.
Alternately, The purchaser may get a decree from court for completion of the sale by legal heirs as per agreement.
