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Legal Heirship or succession certificate??
07-Apr-2025 (In Family Law)
Flat in Kothrud is in Joint name of my Father & Mother who was a housewife. Mother expired in March 2023 without any will. Her 50% share of Flat will be distributed as Father 17%, I and my Sister 16.5% each as per law. My question is,
Should legal heirship certificate be taken now for mother or wait till Father passes away and then take one. If I take now for Mother, will I have to again take another legal heirship certificate after father passes away or what?? What should I do??
You need to take separate heirship certificate for your mother. Also, you will have to take a separate heirship certificate for your father as well. In order to avoid any dispute in future, it is always advisable to obtain an heirship certificate. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Yes, If you will again have to apply for LHC after the death of the father. on the other hand to save stamp duty or court fees what you can do is you can get LHC now and get a gift deed made from dad to you and your sister which will require 30k as registration and 200 as stamp duty.
and if you wait till dad's passing till then selling the said flat will be difficult. or getting loan on the said flat will be difficult.
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Adv. Ajinkya Sanjay Gosavi
VasaiVirar | 100+ Answers
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