Applicability of Succession Certificate in case under reference

688 votes

Yes after death of your husband you become sole owner. No need to take succecdssion certificate. Successtion certificate is required where there is any dispute. You are already owner of half of property.If there is no other legal heir you become owner of other half also. Otherwise husband share is to be divided equally including among all legal heir

Advocate Surendra Gandhi LawRato

721 votes

Based upon the information provided by you, it is clear that neither the husband nor the wife is or ever was the owner of property in question. The property still belongs to the builder, so depending upon the contents of your agreement/terms and conditions of the builder you can get it registered solely in the name of the wife when the time comes. Usually, if there was a nominee column in the booking application form and if the deceased individual nominated somebody then his nominee shall become co-owner in his place. So if wife was nominee then she will execute sale deed alone and if somebody else, say his mother was nominee, then the mother and the wife of the deceased shall become co-owners. I hope that clarifies.

Thanks and regards
Prateek Mishra, Adv.
High Court, Lucknow Bench

PS: You have not mentioned whether a registered agreement was executed with the builder or if payments are being made simply against the booking application. Every little detail may have an impact on your case.

Advocate Prateek Mishra LawRato

982 votes

Hello,

Yes the wife is required to get the succession certificate, because succession certificate is believed to be a process to make sue that there is no other heir to the property as issuance of the succession certificate also includes publication in newspapers. Undoubtedly the wife is the owner of the property after the death of her husband, but succession certificate is required in this case also.

I hope you are aware about the procedure of the same.

Regards

Advocate Anilesh Tewari LawRato