Siddharth Bhatt (Self) 20 January 2011

Transfer of Property - without will

Hello,

My parents passed away last year, they have left behind some property and some investments with a depository.

We are two bothers (legal heir) and have no issues in the division of the said assets, We are of the opinion that we should divide the receives equally.

I have checked with the DP (deposotory) regarding the procedure and they are asking for Succession Ceritificate - I am not clear as to where this is granted from? and what is the procedure for appliction. The cost and time it takes to receive it.

At the same time I would like some assistance in finding out how the property (appartment) can be transfered? Will we require a seperate succession certificate?

Would greatly appreciate your help.

Regards

Reply Follow

3 Replies

S. Bharath (Advocate and Arbitrator Formerly Civil Judge) 20 January 2011

You need to apply to a civil court for succession certificate. You will need the advice of a lawyer. As far as transfer of apartment is concerned, you may apply to the body [department] in charge of assessment and levy of tax, for transfer of assessment [mutation]. You will have to enclose your father's death certificate, legal heirs certificate, a no-objection certificate from other legal heirs [may be in the form of affidavits].

Siddharth Bhatt (Self) 20 January 2011

Thank you Bharath Sir, Appreciate you feedback to my questions

The other legal heir does not live in India and has given me a power of atorney to basically take all decisions on his belalf, Would I be able to apply for mutation on the strengh of this document.

You mentioned Legal Heir Ceritificate, Would you know which body provides this certificate in Delhi?

Would you be able to recomend a contact who can assist me with Succession Certificate.

Many Thanks

S. Bharath (Advocate and Arbitrator Formerly Civil Judge) 20 January 2011

Even though you hold a power of attorney, it is better to get an NOC from the other legal heirs in order to avoid future complications.

Honestly, I do not know which body issues Legal Heirs Certificate in Delhi. In South Indian States, it is entrusted to the Revenue Department. I am sure some of the learned members of LCI should be able to share the information with us and also help you out with respect to the court formalities. I do have friends in Delhi, but need to check with them whether they undertake this work. Will revert..