Succession certificate
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
Sir
We have one flat at thane Maharashtra whose value today is 45 lacs, our flat was in the name of my Father, who has been expired he has made no nomination & there is no will against that flat, and our society is also not registered sir what is the procudure for us to transfer that flat in the name of my mother as we are 3 children (one brother & 2 sister) both sister r married, and what are the charges & procudure to make succession certificate?
Devajyoti Barman
(Expert) 10 December 2011
Succession certificate does not deal with immoveable property like the flat.
So all the children need to execute a deed of gift or deed of relinquishment transferring thier respective shares in the flat in favour if their mother so she become its absolute owner.
Raj Kumar Makkad
(Expert) 10 December 2011
All of you may execute a settlement deed and can get it registered with registrar which shall suffice in your matter as it is less expensive and less time taking process.
V R SHROFF
(Expert) 10 December 2011
As Society is not Registered, There is no question of Nomination.
I understand, the sale Deed was Registered.
Go to Builder, he can submit name of your choice Mrs. “X” to Registrar , and Mrs., X will become the member of the Flat in Registered and get Share Certificate on his Name, when Society will be formed, and the builder hand-over the Building with all Flat Owner’s Names to the Society, in presence of Asst. Registrar. .
Prepare Indemnity, Affidavit, Release Deed of all except one who want to retain right, say your mother. Go for Deed of Family Arrangement. You can save on Stamp Duty, Court Fees, if Builder Co-operate.
Adv. Shroff
10-12-2011