Succession certificate (transfer of shares)
SUNIL
(Querist) 16 January 2015
This query is : Resolved
Hi Sunil from Mumbai,
1) I had property in Mumbai with a joint property ( First Name is Mother & Second Myself )
2) Property is Registered in Joint Name.
3) Share Certificate is issued by Society.(Joint Name )
4) First Owner is deceased. ( Expired.)
5) No Nomination & no Will.
6) What is procedure? for application?
7) What is Process of Court?
8) What are details / Documents Required
9) What is Advocate fee
10) What is Court Charges
11) Any specify Case is applicable for this case in Bombay High Court
12) Time period for Issuance of Certificate.
13) Any legal Special Procudure for Hearing
14) Any verification of the detail.
15) how all can issue such certificate or in this case ( Which Authority / Court / Dept )
Please replied this querries.
Rgds
Sunil
Sri Vijayan.A
(Expert) 17 January 2015
You are owner of 1/2 share.
Your mother was ownerr of another 1/2 share.
Now, her 1/2 share would devolve on all of her heirs, including yourself.
Get legal heirship certificate.
K RAVI KANTH
(Expert) 18 January 2015
Approach the Court (Civil Court) of Law and file a suit for Declaration of Legal Heir against "All Concern".
If your mother has more Legal Heirs than you, you have to include all the legal heirs and file the suit, your Mother respective share in the Joint Property will be entitled by all the all the Legal Heirs.
Court fee will be Notionally valued/6% of the Market value towards the share of the property.
Document to be enclosed are
1)Death Certificate of the Deceased.
2)Title Document
3)Your Identity Card
4)House Hold Card to show that she is your mother.
and other required documents.
Time period of the case depends upon the pendency of cases.
Rajendra K Goyal
(Expert) 18 January 2015
Get the legal heir certificate and get executed registered relinquishment deed of other legal heirs. Apply for transfer of share in whose favor relinquishment deed executed.
Lawyers fee differ from person to person. Stamp fee and court fee differ from state to state.
T. Kalaiselvan, Advocate
(Expert) 20 January 2015
In a joint ownership, if one owner dies, the share of the deceased will devolve upon its legal heirs, all the legal heirs shall either share the property among themselves by a partition deed or may relinquish their rights in favor of other legal heir(s) by executing a registered release deed. Once that is done, the owner of other part, if by virtue of release deed becomes owner of the entire property, he may register the same on his name and mutate the records on his name and also convert the entire shares on his name. For fee and other formalities you may take the help of a local lawyer or a consultant.
SUNIL
(Querist) 20 January 2015
Sir, Thanks for your intent reply please clear the doubts as below :-
1) Heir ship Certificate or Succession Certificate which is required? kindly Suggest?
2) In Case of Joint Owner 50%, for Transfer of Shares transfer Heir ship or Succession Certificate is required? Please suggest?
3) In my case of Shares of Transfer issue, court fee is applicable if applicable on what? please suggest?
4) Any other High Court Provision for waiver of Court Fee?
5) Time duration.
6) Please provide steps wise process for application & issue of Cert.
Please provide the details.
