Requirement of succession certificate
Shashank Sundar
(Querist) 03 March 2014
This query is : Resolved
We are 3 brothers, and having dispute over property of our parents which is in the form of two flats in co-operative housing societies. There is no will. Questions are,
a) Can the co-operative society transfer "ownership" of the flats to the legal heirs ? If so what will be the procedure for the such transfer ?
b) Do we need succession certificate to claim our share in property ?
c) What is the documentary evidence required to obtain succession certificate ?
d) One of the brothers is "now" US citizen, can he claim his share in property, and included in succession certificate ?
e) Does "nomination" of the flat, in the name of any particular brother, in CHS gives any right / authority of the flat to sell ?
Can such "nominated" member (one of the brother), apply own lock to legally acquire the property ?
Thanks,
ajay sethi
(Expert) 03 March 2014
nominee is only trustee for all legal heirs on death of parents society can transfer flat in name of 3 sons . your brother who is staying abroad has share in said flat .
society may insist on obtaining letters of administration /succession certificate from court . you need valuation of property done pay court fees accordingly . contact a local lawyer
Shashank Sundar
(Querist) 03 March 2014
To my knowledge co-operative housing society can only transfer share certificate, to the members of the society. But owning shares of society does not give ownership rights and ownership of the premises should be with the owner(in our case parents) whose name is registered in the stamp office.
If society is able to transfer the property, after submission of necessary papers, how such property can be registered in govt. stamp office ?
Also is it legal for any brother to apply lock on the property, whose ownership is still with parents ?
R.K Nanda 
(Expert) 03 March 2014
consult local lawyer.
Suhail A.Siddiqui
(Expert) 03 March 2014
Property Transfer by the society after the demise of member to his successor is differ state to state. pl. consult local Lawyer
nikhil singh
(Expert) 04 March 2014
Yes succession goes with legal heirs. All class I legal heirs can claim there shares.
