SUCESSION CERTIFICATE
GOUTAM ROY CHOWDHURY
(Querist) 18 August 2009
This query is : Resolved
WE HAD TAKEN LEASE OF A PREMISES FROM JAN'09,NOW THE LESSORS(OWNER)HAD EXPIRED,NOW THEIR FAMILY IS INSISTING TO CHANGE THE NAME OF THE LESSORS IN THE NAME OF HIS ELDER SON,AND FOR THAT THEY ARE GIVING US A LETTER SIGNED BY THE DECEASED WIFE AND THE YOUNGER SON AUTHORISING THE TRANSFER.
Please let me know whether this letter is suffcient for the transfer of name in the existing lease agreement or we need to obtain any other documents for the affrosaid change.we are paying the rent by cheque after necessary TDS deduction.
we had also given them six month security deposit during signing of the lease agreement,which was in the name of the decease.
R.R. KRISHNAA
(Expert) 18 August 2009
It is advisable to draw a fresh lease agreement between you and the new lessor.
GOUTAM ROY CHOWDHURY
(Querist) 18 August 2009
BUT HOW WE WILL COME TO KNOW HE IS THE ACTUAL INHERENT OF THE PROPERTY, THOU THE WIFE AND YOUNGER SON OF THE ORIGINAL LESSOR ARE GIVING THE DECLEARTION,STILL THEIR MIGHT BE SOME MORE CLAIMANT FOR INHERITANCE.HOW THAT CAN BE CONFIRM?
ONCE THAT IS ACERTAIN WE WILL BE GOING FOR NEW LEASE AGREEMENT.
Jayashree Hariharan
(Expert) 18 August 2009
Sign a new lease agreement. Do so only after knowing about who has got the property. If no will, then all three will get, in that case write all the three names. Otherwise, if they insist, do it in the elder son's name. but take the signs of wife and younger son as attesting witnesses.
GOUTAM ROY CHOWDHURY
(Querist) 18 August 2009
But how to acertain other than the three there is no other legal claimant for the property?
VIKAS RAJ CHHAJER
(Expert) 19 August 2009
In case you have to obtain a Succession Certificate for succeeding a near and dear departed relative, who has died without executing any "Will", of whom you are a heir, you have to do the following :
1.The Application is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]
2.You have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.
3.We believe it should roughly take about 3-4 months from date of filing to receive your certificate.
Anything your want more then feel free to communicate with me.
Vikas Raj Chhaje
advocatevikasraj@gail.com
+91 9314023636
ad. creaminall
(Expert) 22 August 2009
if the person is expired without making the will then you require succesion csrtificate or otherwise probate of will from which you can find that who will be the owner of the said property and with whom you execute a fresh document. therefore tellthem to produce the succession certificate or probat of will and then take further step.
