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Joe Anthony (CM)     12 February 2010

Succession Certificate

Both my parents passed away a few years back. HOwever, neither had written down a will. How can my sister and I transfer the property which were in my parents name to us? Both my sister and I are NRIs. What is the duration of such a process? Must both of us be present in the country at all times? The property is in the Cochin PIN code.

Thanks so much!



Learning

 4 Replies

A V Vishal (Advocate)     12 February 2010

You have to obtain a letter of administration from a court of competent authority under whose jurisdiction the property is situate. Your presence is required along with your sister but the whole process will take about 6-8 months if handled properly in a professional manner.

Isaac Gabriel (Advocate)     12 February 2010

You can get it done by applying to the local authority under whose jurisdiction it comes along with the legal heir certificates obtained from the competent revenue officers .ie Tahsildar.

Anil Agrawal (Retired)     12 February 2010

 First thing first.

1. Letter of Adinistration.

2. Presence at the time of filing petition. Cheque whether affidavit etc. can be made before Consulate General and it will be acceptable by the court here.

3. Then Tehsildar after court order in your favour.

m.lxman rao (self employed)     14 February 2010

you are not clear in your question, I wish t know whether the poreprty is the self acquired proeprty of your parents or is it inherited from ancestors? If inherited prperty are there any other legal heirs to the property? If it is self acquired property then you need to go for succession certificate from the competant court of law at cochin by paying required court fees. The disposal of the matter depends on the issues involved in the matter and the effeciency of the counsel.  Further I differ with the reply that letter of Administration is required.  LOA is required only in the case where there are no legal heirs to the deceased.


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