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Vikram Lele (None)     21 November 2011

Succession certificate is it required?

Hello,

We are two sisters and a brother (myself).

My father passed away a couple of years ago. He had built and owned a bungalow (i.e. it was not an inherited property), which he bequeathed to my mother through a handwritten will on plain paper. The will is not registered, but it was duly witnessed and attested by our neighbour.

Under this situation, do we need to get a succession certificate for transfering the property to my mother? Please advice on the procedure.

Regards,

- Vikram

 

 

 



Learning

 5 Replies

S.RAJA SEKAR (ADVOCATE )     21 November 2011

Hello friend , the will need not to be registered , there is no mandatory provisions in the law to register the will so the will which your father wote is cent percent valid , there is no need of any succession certicate as far as Will Bequeath is concerned .

Vikram Lele (None)     21 November 2011

Dear Mr. Raja Sekar,

 

Thanks for your quick reply.

 

Regards,

- Vikram

Santosh N. Sargar (advocate)     21 November 2011

yes, I Agree with Mr.S.Raja, but will need to get probate done, it is very time consuming process in Mumbai then obtianing Heirship certificate. if there is no dipute b/w Legal heirs  then you can go for heirship certificate by giving noc in favour of your mother.

Vikram Lele (None)     21 November 2011

Dear Mr. Sargar,

Thanks for your inputs.

Any idea what kind of fee/expense is involved in getting probate done? Also, is there a way to avoid court fee for succession certificate / Heirship certificate - considering that there is no money transfer involved, and property transfer is taking place due to inheritance.

Regards,

- Vikram

SURESH GODBOLE (ADVOCATE)     21 November 2011

If its not ancestral , then Wife is the natural successor

Your Mother can get the property registered in her name submitting Death certificate

What is the problem , You all wiill sign as witness


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