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Property succession and sale in India
16-Sep-2023 (In Property Law)
My uncle and his wife are owners of property in India, India which they were planning to sell. Recently my Uncle's wife passed away. They have two children. What is the procedure that my Uncle and/or his children have to follow in order to legalise the succession and sell the property? Would appreciate full details if possible.
Your Uncle's and his children will have to apply for a succession certificate before the court . A succession means if a person dies without leaving a will, a succession certificate can be granted by the court to realize the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts.
The application for a succession certificate can be filed either whether the person who dies lived permanently (In India) or where a major portion of the property in respect of which such certificate is required is located. It is a legal proceedings and it takes around 6 months maximum for the court to grant such certificate,
Once this is done the property can be easily transferred in the name of the successors by applying before the sub registrar. Please feel free to contact if you require further assistance
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