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yashashri   23 January 2019

Transfer of plot in karnataka after death of father

Hi,

My family resides in Maharashtra. However my father had bought two plots worth Rs. 10,00,000/- in total in Hubli. Unfortunately he passed away last year.

We are three unmarried siblings and a mother. There is no dispute among us. 

When we contacted developer to transfer the property on name of my mother, he is asking us for succession certificate. But getting succession certificate from Maharashtra for Karnataka plot is very time consuming, costly and difficult.

What can we do in this scenario? Is succession certificate mandatory for property transfer in Karnataka?



Learning

 5 Replies

k.Murugan (nil)     24 January 2019

succession certificate is not necessary because it is necessary for collecting money only belonged to the deceased. As and when your mother died the plots automatically vest with her legal heirs i.e. son daughter. please inform whether any sale deed was executed. if any sale deed was executed by developer in your mother's name you have to change the revenue records by mutations proceedings.

G.L.N. Prasad (Retired employee.)     24 January 2019

First obtain a legal heir certificate and then draft a settlement deed within the family (Drafted by Advocate)  giving all rights to your mother and register the same.  Get mutation done as per laid down procedure either with Revenue authorities or Corporation / Municipality.  Submit Legal heir certificate, copy of settlement deed in your mother and mutation certificate and demand developer for doing needful.  He is bound to accept this.  If not, make a simple complaint in District Consumer Forum for deficiency of services for not changing the records even after attending to legal formalities.  All this process is simple and may not involve huge costs.

PADMABHUSHAN N (ASSOCIATE )     24 January 2019

confirm status of the plots first are they registered in your father's name or is it just a booking that was done

Shashi Dhara   24 January 2019

If it is immovable property succession certificate is not necessary .so all of u issue legal notice to him if he denies file suit against them in court it doesnt take much time. To decide.

P. Venu (Advocate)     24 January 2019

Has the conveyance as to purchase of the plots completed and deeds duly executed? Who is in possession/occupation of the property?


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