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Legal Queries (Analyst)     15 May 2013

Clarification on sale of property

Hello,

We are in the process of selling our Mhada flat which was originally in the name of my father and mother. My father passed away a few years back and my mother did not get the property transfered in her name at Mhada . However the party that is purchasing the property is taking a loan from a scheduled bank (Govt) and the bank lawyer has given an objection on this. We had submitted the death certificate of my father along with the copies of the house documents to the buyer to submit to his bank. After he has informed us regarding this problem, we have put in an application for transfer of the flat in my mother's name at the Mhada office and they shall complete the same and provide the documents very soon. We reassured the buyer that this would solve the problem. However he is insisting that his bank requires a "Succession Certificate" from my mother to grant the loan. I believe succession certificate would have been required if the flat was only in my father's name (and perhaps he had not written a will). In this case my mother is anyways a joint owner of the flat and I am her only child and would be giving an NOC for the sale. Kindly clarify on this matter.

Thanks and Regards

 



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 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 May 2013

your father died intestate.  and the flat is in the name of your parents.  then your  father's share devolve among the heirs of your father.  as per your narration, you are the only son.  so both your mother and you execute the sale deed reciting in the document that as legal heir of him you are also executing the document.  and it is better to obtain legal heir certificate (succession certificate) from the revenue authorities.

Legal Queries (Analyst)     15 May 2013

Thank you for your response sir. Citing your suggestions, do you think it is mandatory to obtain a succession certificate in this case, since Mhada would already have provided the relevant documents that would make my mother as the sole owner of the flat (note that flat is a Mhada flat)

Also would you have an idea regarding the time period required to obtain a succession cerificate in Mumbai?


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