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How to obtain succession certificate to sell a car?
02-May-2023 (In Property Law)
My father in law passed away in March this year in Gurgaon. His wife wants to sell off his car which registered in Delhi. Does she need a succession certificate to sell the car? If yes, what is the process to obtain the succession certificate in the shortest possible time. Please share a detailed process.
1) Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs.
2) for transfer of car legal heir certificate would suffice
you would require Original copy of death certificate of the registered owner.
Affidavit by the applicant to this effect and from the other legal heirs relinquishing their right in favour of the applicant.
Attested copies of valid insurance in favour of applicant.
Attested copy of address proof of applicant.
3) A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. he petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.
The court, after examining the petition, issues a notice to all those concerned. It also issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner.
After making the said transfer of registration in your mother's name, sell away the car.
1) Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs.
2) for transfer of car legal heir certificate would suffice
you would require Original copy of death certificate of the registered owner.
Affidavit by the applicant to this effect and from the other legal heirs relinquishing their right in favour of the applicant.
Attested copies of valid insurance in favour of applicant.
Attested copy of address proof of applicant.
A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. he petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.
The court, after examining the petition, issues a notice to all those concerned. It also issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner.
2) for transfer of car legal heir certificate would suffice
you would require Original copy of death certificate of the registered owner.
Affidavit by the applicant to this effect and from the other legal heirs relinquishing their right in favour of the applicant.
Attested copies of valid insurance in favour of applicant.
Attested copy of address proof of applicant.
3) A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. he petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.
The court, after examining the petition, issues a notice to all those concerned. It also issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner.
After making the said transfer of registration in your mother's name, sell away the car.
1) Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs.
2) for transfer of car legal heir certificate would suffice
you would require Original copy of death certificate of the registered owner.
Affidavit by the applicant to this effect and from the other legal heirs relinquishing their right in favour of the applicant.
Attested copies of valid insurance in favour of applicant.
Attested copy of address proof of applicant.
A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. he petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.
The court, after examining the petition, issues a notice to all those concerned. It also issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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How can I sell my car to a deceased person in India?
Death certificate for the deceased owner of a car
The RC Book of the Car.
Proof of the sellers address
Car insurance policy, if valid available.
PUC.
Copy of PAN, Aadhaar, or the seller.
After clearing all dues, the bank will issue a NOC.
Succession certificate.
How long can you drive a deceased person's car in India?
The person who inherits a motor vehicle can use it for three months as if he had received the vehicle. This is provided that the person in question has informed the registration authority within 30 days of death.
What is the difference between Form 29 and 30?
The form 29 is used to transfer ownership of a car, while the form 30 is used in the event of the death of the registered owner.
You can get a legal succession certificate or an heir certificate from the court. Only if you financed the vehicle, do you also require a No Objection Certificate from the financier. Fill in Form 31. Send the documents and the application to the RTO.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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