Does succession certificate gives right to sell the property by heirs

541 votes

immovable is acquired by 2 means by an hindu individual :
1 self acquired property
2 ancestor property
treatment of both is different
if a hindu ? male dies intestate (without making a will) then his property devolve upon his legal representative as per hindu succession act, ant the proper legal mode for it is by filing for declaration decree by the court to declare the property on the name of a legal hire,
this may be done by executive magistrate of that area,
if the succession certificate is properly signed and stamped from appropriate authorities then it is valid and the person named in it can sell the property as the property is of his own,
but if the property is ancestral one then the right of a number of persons is accrues which was settled at the time of proceedings of succession certificate.
the burden to provide all this information is upon the seller, if he omits on the express inquiry of the bona-fide purchaser of the property that will amount to fraud and also operate as estoppel in the court if any issue arises after purchase of the property.
general rule: it is safe to purchase the property upon succession certificate, but you have to consult lawyer, with all the papers, personally before entering into purchase agreement.

LawRato LawRato

533 votes

Hello Sir,

first of all congratulation for purchasing some property, second reply of your question is that plz disclosed that what kind of property you have to purchase as like agriculture, residential, commercial, builder property etc. in all case mutation must be required before the competent authority, for registration and execution of sale deed in your favour without mutation they are not entitled to sale the said property in any means. plz verify all the documents carefully and after purchase the said property along with that legal succession certificate from which authority issued the said documents plz check it thanks.

Advocate Sandeep Yadav LawRato

772 votes

Dear Sir,

In response to your query,
1) A Succession Certificate issued by Court is a document that establishes ownership of the property in question in favour of the holder of the certificate. Under the law, a rightful owner can exploit or dispose of the property in any manner (s)he wishes. In short, yes, a court issued succession certificate gives the owner the right to sell the property.
2) If the Succession Certificate is issued by a Court, the same can be treated as a valid document. However, to be extra cautious, one can verify the veracity of the same by asking for the death certificate, the original sale deed of the property in question and an NOC from the other legal heirs, if any.
3) The general understanding of the term 'bayana' is earnest money. In case the seller insists on bayana in addition to the token that you have already given, it is advisable to procure from the seller a bayana receipt stating in detail the terms of the transaction, containing the details of the property, the amount already paid by you (including the token amount) and the timeline for payment of the rest of the amount. By creating a record of these details, it can be a document enforceable in court as an Agreement To Sell, thereby safeguarding your interests. Any amount paid to the seller that is unrecorded or undocumented will be difficult to recover as the same cannot be sufficiently proved in court.

Advocate Rohan Mittal LawRato

472 votes

The person who holds the succession certificate is entitled to sell the deceased's property. The person who has the legal heirs certificate may sell the property of the deceased after obtaining the consent in writing and the NOC (No objection Certificate) from the other legal descendants.

Advocate Chikirsha Mohanty LawRato