Transfer of Property - URGENT
Jaydeep Kurup
(Querist) 22 December 2008
This query is : Resolved
What is the procedure to be followed for transfer of property of a deceased person in the name of his wife where such person has died intestate ?
How much time the process takes ?
Guest
(Expert) 22 December 2008
Just need to submit the death certifcate with the succession certifcate to the different authority whether it is municipality or bank, with their availble form,
It will hard take i month time
Srinivas.B.S.S.T
(Expert) 22 December 2008
Sir do you mean succession certificate or legal heir certificate?.
Mahesh
(Expert) 23 December 2008
Succession Certificate is issued by competent court under Indian Succession Act, whereas legal heir certificate is normally issued by Tehsildhar/Revenue authorities etc. which is used for limited purpose.
Hence for transfer of immovable property, sucession certificate is required.
Prashant Kumar Jha
(Expert) 23 December 2008
firstly u will have to get the succession certificate from the appropriate court after process will start
Jaydeep Kurup
(Querist) 23 December 2008
Thankyou.
Just to clarify once again. I first need to obtain a death certificate. Then attach the same to an plain application and submit it to the court for obtaining succession certificate. Once the succession certificate is obtained, submit the same to the Sub registrar who will make necessary changes in the property records. Kindly confirm.
Further, what would be the procedure, if the said property is a flat in a co-operative housing society. Kindly advise.
Srinivas.B.S.S.T
(Expert) 23 December 2008
Dear Jaydeep its not a plain application but a painful procedure. You have to pay 6% of the market value of the properties as court fee for obtaining succession certificate.
There is format for SOP and the court will order paper publication inviting objections from the general public if any. and once the SOP is decreed in your favour the court will send a requisition to local MRO for purchase of Non-Judicial stamp papers out of the court fee you have paid. Once the NJ stamp papers were deposited in the court, the court will issue succession certificate to you on those stamp papers. With the work load our courts have it will take simply a year or so for getting that certificate. Regards Srinivas BSST
KANDE VENKATESH GUPTA
(Expert) 24 December 2008
Sorry friends, I am unable to agree with your views. Succession Certificate can be granted only for the debts and securities i.e., promissory notes, shares, debentures, bank deposits, money decrees etc., but not for immovable property, as contained u/s 370 of the Indian Succession Act.
Mr.Jayadeep, first you have to obtain the death certificate and certificate of family members from the concerned Municipal Authorities. After obtaining the death certificate and certificate of family members, you have to submit an application in the prescribed proforma seeking to transfer the property in the name of the legal heirs, enclosing the death certificate and certificate of family members(Legal Heirs Certificate) by remitting the required fee to the concerned municipal or panchayat authorities. After verification of the genuineness of the application, the concerned municipal/panchayat authorities will pass orders for transferring the property in the name of the legal heirs.
Jaydeep Kurup
(Querist) 26 December 2008
Dear All,
Iam confused. Pls clarify. Whether Legal heirs certificate or succession certificate and what's the difference ?
