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Is it necessary to get succession certificate of a flat


16-Feb-2023 (In Property Law)
I am hindu by religion. On the subject cited above I had requested whether is it binding for a widow to procure succession certificate when fact of the matter is that a flat was booked in Noida Extn. in the name of wife (Ist name) and husband, the husband died in March 2016. Almost 90% payment made, flat is nearing completion. All payments made from joint account of wife & husband. Now builder called for completion of formalities, and insisting for a succession certificate. The couple had only one daughter who is now in Australia. I maintain that since flat is still under construction and on the death of co-owner, the flat should automatically be in the name of widow, the first name owner. I shall be grateful if an early advice is given. Thanks
Answers (1)

Answer #1
548 votes
The certificate is granted by a competent civil court after you file an appropriate petition mentioning the details of legal heirs, property etc.

The court will thereafter issue notices to all the legal heirs to attend the proceedings. You can get the notice served quickly by getting the vakalatnamas of all the legal heirs filed in court.

By this manner your can save time in service of notice. The rest will be done as per the procedure of the hon'ble court.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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