Fern (consultant) 02 January 2012
On expiry of the father, nominee acquired residential flat. Other heirs - mother, a brother and a sister have release / renounce their undivided rights on affidavit in favour of nominee. Is it then necessary to get Succession Certificate to own or to sell flat after 1 year of father's death? Your opinions will be highly appreciated.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 02 January 2012
you can sale it , it all depends on buyer.
VIKRAM BALU (Advocate) 02 January 2012
What do mean by Nominee? No Immovable property - land/ building can be sold by a nominee. Did your father make a WILL? If yes -go as per the Will. If no - then, get a legal heir Certificate and all legal heirs are joint owners of the property. if you decide to sell te property then all legal heirs have to sign/execute the sale deed. If any legal heir wants to release their share then the release deed must cumpulsorily be registered. If you decide to sell the property by appointing a power agent, then the power of Attorney executed by all the legal heirs and must be registered. There is no need for a sucession certificate unless someone disputes that he/she is a legal heir and is the joint owner of the property.
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