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Marc K (Business Developer)     02 January 2015

Succession certificate required for property sale

Hello All,

My Father (who expired in 2011) owned land in my native town (in Tamilnadu) which I intend to sell off and deposit the proceeds in my mother's account. We stay in Mumbai & parents settled here (Mumbai) 40 yrs back

However, on checking with the Village Registrar they said that I would require a Succession certificate. I've got the following questions:

1) Is the certificate mandatory? Can we sell the land with other documents like death certificate etc?

2) If the certificate is necessary, what is the procedure? Can we get the certificate in TN (Vilatikulam)?

 

Regards,

Manoj



Learning

 3 Replies

Adv. Mandar Pimpalkhare (Advocate)     02 January 2015

Dear Mr. Manoj

Succession Certificate is issued where any individual died without any Will.  By which the said property devolves to his/her heirs.

Firstly clear whether your father has scribed his Will. 

This certificate is mandatory if there is no Will of deceased person.  As to sell the property presence of  the owner of the property is necessary to execute the deed of sale.  Since your father expired in 2011 it it necessary to transfer the title of property in his heirs name after which sale of property is possible.

For getting Succession Certificate you have to file Succession Case in Civil Court in locality where the said property is situated. You may contact local lawyer in TN for the same.

Marc K (Business Developer)     02 January 2015

Hello Mr. Mandar,,

My father did not have a will created before he passed away. So going by your reply, would I have to get a succession certificate created? Another point I'd want to share is that I have 2 elder sisters who are both married.

What would the procedure be and tentative timeline for the certificate to be issued? Also, is it mandatory to get the certificate made in TN?

 

Regards,


Manoj

Jai Karan Nagwan (consultant)     02 January 2015

Obtaining succession certificate is very expensive and be informed in your case, it's not required also. You need to get certificate of heirship from revenue. Basis that property will be transfered on your or your sister name.

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