Succession certificate
yogesh
(Querist) 04 February 2013
This query is : Resolved
My father left behind an apartment & did not had any will. He had purchased it from the builder. We (Me, my mother and a married sister) are his legal heirs. We added my mother's name at Municipal Corporation through an affidavit & tax receipts have her name.
Now we want to sell that property. An interested party is asking for legal basis on which we can sell the property because the original sale deed is in my father's name. Do we need to:
1. Acquire any succession certificate?
2. Any other alternative which legally makes us eligible to sell the property?
Nadeem Qureshi
(Expert) 06 February 2013
Dear Yogesh
you should filed an application u/s 372 of INdian Succession Act 1925
372. Application for certificate.-
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 , (5 of 1908 .) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local
1. Ins. by the A. O. 1950. 2 The words" G.- G.- in- C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above.
limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code. (45 of 1860 .)
(3) 1[ Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
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