Legal Question in Real Estate Law in India
is succession certificate is mandatory for transferring the name from my father's name to my mother's name and the share value of Rs.200/ (100/- each) of a co-operative housing society flat inspite of submitting affidavit from 1st class judicial court/relingquishing certificate/death certificate ? if necessary what will be cost ? if cost of flat is now 30 lacs (appx.)
3 Answers from Attorneys
yes, it is necessary to obtain succession certificate and in case you want the same to be transferred in mother s name, you need to relinquish your share in the same before the court concerned. in case you society is transferring on affidavit, then you may not have to go for succession. cost of petition would depend upon the state and the lawyer.
Yes Succession Certificate is necessary. One cannot relinquish share or transfer properties by filing affidavit, under the law
Check bye-laws and local laws applicable to area and act accordingly.
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