Legal Question in Wills and Trusts in India

Succession certificate

My father passed away without preparing a will. He has a flat in Mumbai which he has bought out of his own funds and against which there are no liabilties. We are four sisters. What is the procedure for transferring the property to our mothers name? Once the property is transferred can she make a will where she cuts out one of the daughers from her share of the property?


Asked on 12/09/08, 8:55 am

5 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Succession certificate

Sucession Certificate will have to be obtained. Yes she can make a will

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Answered on 12/10/08, 9:41 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Succession certificate

First of all you have to apply for the succession certificate or letter of Administration. In the said proceedingd after consent being obtained by the daughters your mother can beacome the sole owner of the property then of course she can will out the said property to whomsoever she wish. for further detail contact on 28904722/9892193167(Mumbai)

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Answered on 12/09/08, 9:09 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Succession certificate

Hello.

All the legal heirs of the deceased become the beneficiaries of the left over assets and properties in equal shares and the application for transfer from all the legal heirs along with an indemnity bond, liability affidavit from the beneficiaries and their photographs shall be submitted to the revenue authorities for effecting the transfer. In this case issuance of a public notice inviting objections, if any, to the transfer of the assets in favour of the transferees in the two local dailies, one in English and other in regional language, becomes imminent. After the expiry of notice period of 40 days from the date of its publication, the applicant again applies to the revenue authorities along with the proof of the publication for the transfer of the property. The concerned department issues a final letter of transfer in favour of the beneficiaries, in case no objection is filed by any claimant.

In case of need please contact personally.

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Answered on 12/15/08, 4:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Succession certificate

You all the five persons are equal share holder in the property.

If the property is transferred in the name of your mother, she will be entitled to make a will in the name of any one or more she like by excluding other (s).

It is advised that the property is transferred in the name of all the five of us; however, possession may remain with the mother.

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Answered on 12/09/08, 2:16 pm
Nasir Butt Nasir Law Associates

Re: Succession certificate

Reply of both Attornies are well founded.

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Answered on 12/10/08, 12:15 am


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