Legal heirship for an immovable property
Desikan
(Querist) 23 September 2013
This query is : Resolved
My uncle and aunt have no children. My uncle built a house in Chennai and both were living in it. My uncle died without making a Will. My aunt continued to live in that house without transferring ownership. She also died without making a Will. Now according to the interpretation of the “Hindu Succession Act”, seven of us including me become the Class 2 legal heirs.
We are in possession of the house. We have the Sale deed, corporation receipts, no encumbrance certificate. We would like to sell the house to a prospective buyer. Can we get a succession certificate from a court. We hear that succession certificate is only for movable property? How do we prove to a prospective buyer that we are rightful legal heirs of the immovable property?
Please advice.
C.V.Kansara
(Expert) 23 September 2013
Make an application for letter of administration in a court having jurisdiction.Contact local lawyer.You can get it mutated in city survey office being a legal heirs.
malipeddi jaggarao
(Expert) 24 September 2013
First you have obtained the Legal Heir Certificate from the concerned revenue auhorities. Then you have to mutate the property in the names of legal heirs. Then only your rights are recognised legally and you can sell the property.
Dr J C Vashista
(Expert) 24 September 2013
Letter of administration is required from competant court for immovable properties and succession certificate for movable.
Apply and obtain letter of adiminstration, then move to revenue authorities for mutation and sell
Rajendra K Goyal
(Expert) 24 September 2013
well advised by the experts, nothing more to add.
Desikan
(Querist) 24 September 2013
Thanks every one for your excellent advice. We would like to know what will be the court fee for obtaining the letter of administration. Tx
ajay sethi
(Expert) 24 September 2013
maximum RS 75000 in maharashtra . check court fees act of your state
Desikan
(Querist) 24 September 2013
But can it be so different in Tamil Nadu?
According to the Tamil Nadu Court Fees and Suits Valuation Act, the fee chargeable for the grant of probate or letters of administration shall be at the rate of 3% on value if it exceeds Rs. 5,000.
For example a house whose value is 10 crores in mumbai has to pay just Rs 75000/-, whereas the same property in chennai has to pay a court fee of 30 lakhs?
