Succession certificate or relinquish deed
shantam123
(Querist) 11 June 2018
This query is : Resolved
After my father's death, my mother was to transfer the house in her name. We are two bothers and we both do not have any objection. Should she do Succession Certificate (letter of Administration) or should she do relinquishment deed.
Pl advise
Kumar Doab
(Expert) 11 June 2018
Which personal law applies in your case?
Or Are you all Hindu?
Confirm!
Kumar Doab
(Expert) 11 June 2018
If you are all Hindu and Mother of deceased father was not alive as on date of his death and he has not left any daughters and NO valid WILL then your mother and you 2 brothers are ClassI legal heirs....and successors..
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs.
All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
Check with O/o Authority what are the requirements and they may even agree with legal heir certificate, affidavits, indemnity, NOC....per applicable procedures......
You may also check on stamp duty and charges for deed that you prefer...
relinquishment deed may be preferred for legal logic and low charges
Ms.Usha Kapoor
(Expert) 12 June 2018
Relinquishment Deed maybe preferred instead of succession certificate.
Ms.Usha Kapoor
(Expert) 12 June 2018
Relinquishment deed is preferred to succession certificate.
shantam123
(Querist) 12 June 2018
Thanks to both of your for your advise and they are very helpful to both of us. If I need any further information, I shall get back again on this forum.
Kumar Doab
(Expert) 12 June 2018
Check at O/o Authority and complete the simple procedure..
You are welcome..
Ms.Usha Kapoor
(Expert) 13 June 2018
Relinquish Deed maybe preferable to succession certificate.
Ms.Usha Kapoor
(Expert) 13 June 2018
Relinquish Deed maybe preferable to succession certificate.
Ms.Usha Kapoor
(Expert) 13 June 2018
Relinquishment Deed is preferable to Succession certificate.
