Succession certificate
Sameer Kumar
(Querist) 11 November 2009
This query is : Resolved
futher to a few questions i have already asked, i would like an answer to a question regarding succession certificate, does one have to pay a fee for the certificate in case of immovable property? if so how much is the fee , and is it a percentage of the value that the plot of land was bought at , or current market valuation. to make things clear, it is not a house but a plot of land for building a house which is currently lying vacant. what is the normal time frame involved if there are no objections.
Thanks in advance for your help
A V Vishal
(Expert) 11 November 2009
Yes, Court fee is payable on the valuation of the immovable property. The rate in your case will be the prevailing rate as per the government registration value and normal time to obtain a succession certificate will be no less than 3-4 months.
Sameer Kumar
(Querist) 11 November 2009
Thanks once again Mr Vishal , however is there a legal requirement to get a sucession certificate or can one do withoutit , as the court fee in this case will be very high because the property is quite high in value as mentioned in another query, my brother ( the other legal heir) has given his approval to sell the land in PoA and I am the only other legal heir,if we can legally do without a sucession certificate it will save us an enormous amount of time and money
Sameer Kumar
(Querist) 11 November 2009
ps: his name is already on the deeds as he was co owner with my mother who is deceased , i have inherited 50% of my mothers share of the property , but we want to sell it as neither of us live in India. and he has already given a durable PoA to sell it and we are both okay with it as described in the other query
A V Vishal
(Expert) 11 November 2009
Sameer
Now a days succession certificate is required in most of the matters, be it inheritance of and movable/immovable property. In case of a will you can go for a probate but in case of no will only a succession certificate can help you. However, I doubt that the registrar will accept such registration since the Vendor is dead and you are Legal Representatives, although interest is created in the subject property but in case of sale the interest is transferred and not the rights. Hence to transfer the rights you need to transfer the property first in your name and your brother's name and then alienate it. Contact a good civil lawyer in your city and see if he can help you.
A V Vishal
(Expert) 11 November 2009
Since you say your brother is a co-owner it is not a problem but you need to complete the above formalities fully.
Raj Kumar Makkad
(Expert) 11 November 2009
I differ with the opinion of Vishal. If both the legal heirs are ready then the immovable property can be sold without obtaining succession certificate. Various citations in support of this procedure are available. You can sell your property without getting the succession certificate.
Sameer Kumar
(Querist) 11 November 2009
what if i surrender my right to the property in question to my brother and dont make any claims on it , then he becomes 100 % owner of the property since his name is already on the deeds and as mentioned there are no other heirs. is this a loophole/ way we can use to avoid a sucession certificate. as mentioned the costs will be too high for us to afford as the value of the land is in crores
Adv Archana Deshmukh
(Expert) 11 November 2009
Makkad sir, you said, "where both the legal heirs are ready then the immovable property can be sold without obtaining succession certificate".
Will you pl. give those citations?
Sameer Kumar
(Querist) 11 November 2009
Mr Makkad thank you for your input as well . My mother expired intestate, my father passed away years ago, and we are only two brothers. there are no other legal heirs in any shape or form, and both of us are agreeable to selling the property as its impossible for us to maintain . its not ancestral property, it was acquired by my mother during her lifetime and she added my brother onto the deeds as co owner when he was a minor , so both her and my brothers names are on the property deeds.
therefore in your opinion we dont need a sucession certificate ? as there are no other heirs and we both agree on the course of action we need to follow.
A V Vishal
(Expert) 11 November 2009
Mr Makkad
I have given my opinion to secure the querist of any future problems that might arise out of the sale, since the property is not self acquired property of the querist or his brother but his parents property and according to HSA, the grandchildren have right over the said property. The opinion expressed by you is as a result of reading only this query, unfortunately the first part is posted in another query so kindly go through it and answer in relation to both the queries jointly. As far as the citations mentioned by you on the subject I shall appreciate if you post them here for reference.
Sameer Kumar
(Querist) 11 November 2009
Aahhh, i see your point clearly now Mr Vishal. I should have mentioned.there are no grand children, as I dont have a child.also my brother has been on the property deeds from the day it was bought, his name wasnt a latter addition. so in effect the property was acquired by him as well, since his name has been there from the beggining
niranjan
(Expert) 11 November 2009
I think I have simple solution Get the names entered in the property register of city survey.
adv. rajeev ( rajoo )
(Expert) 12 November 2009
Succession certificate is necessary in case of bank deposits and other money and service benetifts in case of employee. For immovable properties succession certiticat is not necessary.
I hv answered already to this type of question that succession certificate will be issued by the Civil Courts Only. Certificate issued by the Tahsildar ( revenue dept) is not succession certificate it is survivors certificate. On the basis of this certificate u can get enter your names to the immovable prooperties
Adinath@Avinash Patil
(Expert) 12 November 2009
SUCCESSION CERTIFICATE NECESSARY FOR MOVEABLE PROPERTY. THERE IS NO NEED OF OF SUCCESSION CERTIFCATE FOR TRANSFER IMMOVEABLE PROPERTY IF BOTH BROTHERS ENTERED THEIR NAMES IN PROPERTY EXTRACT.
