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Nelson (Admin)     08 May 2012

Sucession certificate

Sir,

I need a bit of advice this is related to my Granny property in Mumbai, She was unmarried and had no siblings. We the family members took care of her till her death. Before dying she had made a Registered Notarized Will along with the Nomination Form in Favour of 2 Executors to the society. Since there are 10 legal heirs for this property the Lawyer accordingly had made 2 Executors which was submitted to the society.

Now we have submitted all the relevant documents to the Society as per their requirement including the Notices in the paper etc. But now the Society ask us to get the "Sucession Certificate" so that the name can be transfered in favour of the Executors.

I was reading and researching online, it clearly specifies that if there is a Will then Sucession Certificate is not necessary. But the Secretary of that society says that their Lawyer has demanded this otherwise transfer would not be made.

Would should be our course of action? Is Sucession Certificate necessary even if there is a will? Your advice would be appreciated since we are going to have a meeting with the Society Lawyer this Sunday. Kindly guide me in this matter.

Regards

Nelson

 

 

 



Learning

 2 Replies

JANAK RAJ VATSA (ADVOCATE)     08 May 2012

there is no need for the succession certificate when there is registered will in favour

Nelson (Admin)     10 May 2012

Dear Sir


Thanks for the reply..even i had read about during my research on net. But i have a meeting lined up with the Society Lawyer on Sunday, so just wanna do my home work perfectly so that a perfect solution is done amicably. Can you guide me further pls..

  1. Just to clarify this Will is a Notarized Register Will not Registered in the Court? would that be fine also?
  2. If the Lawyer is adamanant about this cerficate, then what should be my course of action?
  3. Anything else you would like me to know before i talk to him.

I really appreciate your advice in this matter and surely would go a long way.

Regards

Nelson

 

 


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