Requirement and need of succession certificate
Ashish Patil
(Querist) 11 October 2014
This query is : Resolved
Dear Experts,
I have some queries presented below. I tried to find answers on the forum but I am still confused. Request your help.
I have a residential flat jointly owned by myself and my wife. My wife is no more now. It was a accidental death and she died instate. We have a child of 5 years old. As I understand, myself and my kid would be successors to my wife's share (i.e. 50%). I am having a loan on this flat which I have been repaying as my wife was not working. Though I dont have any plan to sell the flat, need to understand what documents I need to keep prepared which would be required in future. Please help me on below queries?
1. Is succession certificate required to prove that myself and my child are the only legal heirs ? What is the use of this Succession Certificate? Would it be required when we are planning to sell the flat OR for any other purpose? Society's share certificate is in my name only. This query is because succession certificate is lengthy and costly process.
2. Like for Agriculture land, when some one dies, names of his/her heirs appear on 7-12 (saat bara extract) by applying to local civic body, do we need to do something for flat to get my name and my kid's name recorded in place of my wife's name?
3. Can I sell the flat if need arises (like I might shift to other place for job) when my son is still minor? What needs to be done in such case? Can I sell on my son's behalf as I being his natural guardian and he being minor? Do I need to take court's permission? Is succession certificate required?
4. Do I need any certificate from court declaring myself as my child's guardian?? Strange question but you never know the legal world.
Thanks in advance. And excuse my language as I might not be able to put correct legal terminology for my queries.
ajay sethi
(Expert) 11 October 2014
if flat was in joint names how can share certificate be only in your name ? did your wife leave any nomination form ?
obtain letters of administration from court in respect of your wife share in the flat .
succession certificate is only in respect of movable property .
Ashish Patil
(Querist) 11 October 2014
Thanks Ajay for your quick reply.
Various posts (link below) state the succession certificate is applicable for immovabale property also.
http://www.lawyersclubindia.com/forum/Succession-certificate-mandatory-for-sale-of-flat--81380.asp#.VDkTLfmSwRA
http://www.lawyersclubindia.com/forum/Is-succession-certificate-required--60554.asp#.VDkT3PmSwRA
Will check for letter of administration and get it.
Request your guidance on other 3 queries.
Raj Kumar Makkad
(Expert) 11 October 2014
In continuation of the advice of Ashish Patil, I submit my reply against query no. 2 to 4 as under:
2. You need to furnish an application to the soceity with the death certificate of your wife, her legal heirs supported with duly attested affidavit and the prescribed fee and further follow the requirement of the soceity to that effect.
3. You cannot sale the share of the minor son without obtaining specific permission of the civil court under section 8 of Hindu Minority and Guardianship Act.
Raj Kumar Makkad
(Expert) 11 October 2014
5. You have no need for getting declaration for the guardianship of your minor son as you are natural guardian of him.
Rajendra K Goyal
(Expert) 11 October 2014
Agree with the advise of expert raj kumar makkad.
Ashish Patil
(Querist) 12 October 2014
Dear Raj Kumarji. Thank you very much for your expert and kind advise. It did help me. I will further check for Section 8 of HMG.
Experts,
Please help me for point 1 regarding succession certificate.
Kumar Doab
(Expert) 12 October 2014
Agreed with experts.
You may first of all approach the society and go thru procedure and forms for transfer of ownership/share in case of death of owner.
The procedure is usually very simple and as explained by Mr. Makkad you may succeed to get the ownership registered in your and your son's name.
K.K.Ganguly
(Expert) 12 October 2014
1. For immoveable properties, Legal Heir certificate issued by Tehshilder/BLRO is required. Succession certificate is required for moveable properties like amount lying with the Bank Account of the deceased,
2. You collect the said Legal Heir Certificate forst which will hardly take 7 days if followed up strongly,
3. After this, file an application before the District Judge for his permission top sell your minor son's share of the property, in his interest,
4. District Judge is the Trustee of the properties of all the minors living under his jurisdiction for which his permission/approvel is required for selling the share of your son in your wife's share of the property.
Dr J C Vashista
(Expert) 12 October 2014
I agree with the expert advise of Mr. Raj Kumar Makkad as well Mr. K K Ganguly.
Firstly, you are the owner of 50% of share in the flat. Inform the society accordingly
For rest of 50% share of your deceased wife, your child is equally shareholder with you for which seek legal representative certificate from area SDM.
Subsequently seek permission of District Judge to sell the share of minor.
Engage a local lawyer.
Ashish Patil
(Querist) 15 October 2014
Thank you very much experts. Engaging local lawyer for such queries is really cumbersome. This forum is indeed very helpful. Thank you very much.
T. Kalaiselvan, Advocate
(Expert) 17 October 2014
Your query has been very properly addressed and you have been thoroughly advised by all experts, nothing more to add. You are welcome for your appreciations.
