Release deed and succession certificate
Sanjay
(Querist) 14 August 2015
This query is : Resolved
My mother, my wife and myself were co owners of an apartment, as per the agreement. My mother died interstate. I have one sibling, my sister. My questions are as under
1) Will the release deed be required if i want to sell or mortgage the apartment?
2) Is a succession certificate necessary for the above?
3) Is a release deed, required to obtain a succession certificate?
Thank you in anticpation
Sanjay
Anirudh
(Expert) 14 August 2015
1. Please remember, upon the death of your mother intestate, her share in the property needs to be shared equally between you and your sister. Therefore, without Registered Relinquishment Deed executed by your sister, you will not be able to sell the property.
2. Succession Certificate (in fact it is legal heir certificate - which is applicable for immovable property and not succession certificate which is applicable for movable property) and release deed are independent things. Succession/Legal heir certificate is only to establish with certainty the number of legal claimants. Therefore if at all, the succession certificate/legal heir certificate will precede the Release Deed and not vice versa.
3. If the purchaser/mortgagee is quite aware about the fact that only you and your sister are the siblings and there are nobody else, then even without succession/legal heir certificate, he may agree if there is Registered Relinquishment Deed from your sister. If a person wants to be sure about the number of legal heirs, then he would also insist upon succession/legal heir certificate.
Guest
(Expert) 14 August 2015
Legal Heir Certificate is Issued From Revenue Office Of Concerned district to Identify the Living Heirs of a Deceased Person.Where as The Succession Certificate is Granted From A Court Of Law After a Thorough Enquiry and Trial in A Civil Suit Determining the Successors of Deceased Person's Estates and Properties.Release Deed from Your Sister would be Legally Valid Only After Getting the Succession Certificate.
Rajendra K Goyal
(Expert) 14 August 2015
Well advised, agree with the expert Anirudh.
Guest
(Expert) 14 August 2015
Very Nice of Mr.R.K Goyal to Confirm,Agree and Accept Legal Heir Certificate and Succession Certificate Are The Same. Which is Legally Not Accepted
Guest
(Expert) 14 August 2015
Kind Attn Mr.Rajendra K Goyal: As Per Mr.R.K.Goyal's Appreciation, Acceptance and Agreeing Of the ABOVE Statement Which He had Very Well Agreed " Succession Certificate ( In Fact It Is Legal Heir Certificate-which is applicable for Immovable Property and Not Succession Certificate Which is applicable For movable Property) " Could Mr.Rajendra K Goyal Please Clarify and Explain His acceptance With Justification of This Statement In Detail Please.
Kumar Doab
(Expert) 14 August 2015
You have posted that:
"My mother, my wife and myself were co owners of an apartment, as per the agreement."
What agreement you have referred to?
The names of persons as owners in ownership record of Flat shall decide what is to be done.
Does name of your mother, your wife and you appear in record of ownership?
Guest
(Expert) 15 August 2015
Mr.Rajendra K Goyal Your Clarification is Still Awaited Please
Guest
(Expert) 16 August 2015
Mr,Rajendra K Goyal Your Clarification Is Still Awaited Please
Guest
(Expert) 17 August 2015
Mr.Rajendra K Goyal your Clarification is Still Awaited Please.
Guest
(Expert) 18 August 2015
Mr.Rajendra K Goyal Your Clarification is Still Awaited Please
Guest
(Expert) 19 August 2015
Mr.R.K.Goyal Your Clarification Is Still Awaited Please
Guest
(Expert) 20 August 2015
Mr.R.K.Goyal Your Clarification Is Still Awaited Please
Guest
(Expert) 21 August 2015
Mr.R.K.Goyal Your Clarification Is Still Awaited Please
Guest
(Expert) 22 August 2015
Mr.R.K.Goyal Your Clarification is Still Awaited Please.
