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Shubha Kumar (Retd. Liaison Officer)     02 March 2013

Christian self acquired property

Sir,

      SIR    

           It is a self acquired christian house property. Both parents died intestate.

           5 sons and 3 daughters are there.  We all want to sell the property at a good price and part equally among us with mutual agreement.

            The Brokers are playing game by misleading us saying..   what is the proof  that you are the son and you are the daughter.   And you have to get a legal heir certificate from MRO. and also a Self Affidavit that you are their son and certified by Notary.    

             We  brothers and sisters are born in that house. Our childhood and school and college days passed from  there.   Now every one married and construsted their own houses and working in different places. For the past 10 years nobody lives there.  It has become old dirty and uninhabited

            We expected that the purchaser should come forward  getting prepared a Sale Deed and we all sign the document at the Registrar's Office and take the money.

            I request you to kindly advise me the 1. correct procedure. 2. what documents we have to submit, in addition to original property documents(with all bills paid uptodate) 3 whether this self affidavit necessary.4. Can any brother take a Power of Attorney on behalf of 3 daughters to sign on behalf of them at Registrar’s Office

                                                                                     KUMAR

 



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 March 2013

You have to show Encumbrance Certificate which is issued by Revenue department through e-seva/mee  seva counters.

Kumar Doab (FIN)     02 March 2013

 

It is felt that as per details posted by you:

The heirship and succession certificate shall put all speculations and apprehensions to rest, which a third party might have in mind as per mention of rights of kindred, linear lineal descendants…….

And following provisions may apply to you:

--THE INDIAN SUCCESSION ACT, 1925

ACT No. 39 OF 1925 1*

[30th September, 1925.]

2. Definitions.-

[(bb) "District Judge" means the Judge of a principal Civil Court of original jurisdiction;]

34. Where intestate has left no widow, and where he has left no kindred.-

Where the intestate has left no widow, his property shall go to his lineal descendants

37. Where intestate has left child or children only.-Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.

-- {Heirship and Succession Certificate

Public authorities like Banks and other Financial Institutions and third party purchasers would require of the legal heirs of an intestate to establish their legal right to the property of the intestate by submission of Heirship Certificate or Succession Certificates. The Heirship Certificates are issued by Revenue Authorities and Succession Certificates are issued by the Administrator General or the District Court or the High Court. Both the District Courts and the High Courts have concurrent jurisdiction in the matter.}

The documents as described by High Court Bombay:

Documents e.g. in case of High Court Bombay:

https://bombayhighcourt.nic.in/libweb/OSrules/The%20Bombay%20High%20Court%20%28Original%20Side%29%20Rules.html#XXVI

                        

THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES

[ Updated 27th May 2009 ]

(https://bombayhighcourt.nic.in/libweb/OSrules/ch26.pdf)

Chapter-XXVI


Testamentary And Intestate Jurisdiction

 

 

R.377. Application for succession certificate.

The application for succession certificate shall be made by petition. Ther

e shall be annexed to the petition a schedule of the property of the deceased in respect of which the succession certificate is applied for. The petition shall be in Form No. 110 with such variations as the circumstances of each case may require and shall be accompanied by

(a) the vakalatnama singed by the petitioner (Form No.5), unless the petitioner appears in person;

(b) the petitioner’s oath (Form No.112); and

(c) a copy of the estate duty return, if filed with the Controller of Estate Duty

The schedule to the petition shall be in Form No.111 with such variations as the circumstances of each case may require.

You may obtain the details from the jurisdictional court of your area.

A lawyer specializing in revenue/property cases in your area can help you.

Valuable advice of learned experts/members is sought.

Kumar Doab (FIN)     02 March 2013

Kumar Doab (FIN)     02 March 2013

Attached.


Attached File : 79360611 indian succession act 1925.pdf downloaded: 90 times

Shubha Kumar (Retd. Liaison Officer)     03 March 2013

Thank you very much Sir.


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