Deven Shah 27 January 2022

Succession certificate

My parents owned a property ( 450 Sqft Flat in Borivali Mumbai) and both died intestate. In Feb 2021 Developer entered in to Permanent alternate accomodation agreement solely with my younger brother ( amongst three legal heirs ) ignoring me and widow of my youngest brother. Share Certificates are still in the name of my deceased parents and the agreement was done with my younger brother ( who was occupying the house ) as a occupier. The socienty has given a letter to this effect. Now to safeguard my interest ( 1/3 share) I had sent a legal notice to which he is not paying attention.

Questions :

Is this method , legally correct ? if not ..

How do i stop him from taking the possession of the new flat ( once ready may be within next 12-15 months) ?

Can I soley appropach legal authority to get a succession certificate to safeguard my interest ?

is there any other remedial action ?

I do not wish to file a partitiion suite since it is time and money intensive affair.

Please help

Deven Shah

Reply Follow

5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 27 January 2022

You can file a partition suit claiming your share in the property

kavksatyanarayana (subregistrar/supdt.(retired)) 27 January 2022

Yes. You can file a partition suit in a court of law.

Deven Shah 29 January 2022

Dear Sir,

I was adviced against the fiing of partition suit since it is time consuming and money intensive affair.

Could you please advice if I can approach comeptant court for Succession certificate which will safeguard my interest ?

My purpose is to ensure he should not get the possession post redevelopment and having put to that situation he will come forward for equal partition.

Please revert and oblige,

Thanks again

Adv. Mohit Chahal (Advocate) 31 January 2022

You all legal heirs are equally entitled tor joint posesssion.
To enforce your right you may file civil for declaration of your share in that property and for prohibitory injunction restraining the builder in delivery of possession to your brother.

You need to make all legal heirs as parties to that civil suit and also the builder. Temporary injunction may also be awarded by the Court without delay as a interim relief .

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site/

1 Like

Deven Shah 01 February 2022

Thanks for your reply Mohit Sir.

What would be the court fee ( Mumbai Maharashtra) for property Market value 1.2 Crores ?

I am unable to derive referring to the attached document

Kindly advice

Thanks again

Deven Shah

Attached File : 838294 20220201143618 court fees act no 36 of 1959 ocr .pdf downloaded: 158 times