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Is succession certificate mandatory ?
23-Oct-2024 (In Property Law)
Subject: Request for Assistance Regarding Issuance of Duplicate Share Certificate
I seek your assistance for a duplicate share certificate for my late uncle's apartment, who nominated my father as heir in 2004. Since his passing in 2007, my father has paid all dues. Despite submitting the FIR and Indemnity Bond, the society insists on a succession certificate. Kindly advise if this is justified to ask succession certificate while selling the property?
Succession certificate is insisted by the societies to avoid any dispute in future which may arise amongst the legal heirs. Though it is not mandatory, but societies insist for the same. 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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In your situation, the society’s insistence on a succession certificate, despite your father being the nominated heir, may not be justified under the Maharashtra Co-operative Societies Act, 1960. According to Section 30 of the Act, upon the death of a member, the society must transfer the share to the nominee as mentioned in the nomination form. The nominee is considered a trustee who holds the property on behalf of legal heirs. In this case, since your father was nominated, he should be entitled to the transfer of the share certificate without needing a succession certificate.
However, it is common for societies to ask for additional legal documents like a succession certificate, especially when selling property, to avoid disputes among potential heirs. In many cases, a society may request it to ensure that no claims arise in the future from other heirs or legal beneficiaries.
A legal remedy in such a case would be to approach the Registrar of Co-operative Societies, challenging the society’s demand. You can file a complaint under Section 91 of the Maharashtra Co-operative Societies Act, which allows disputes between members and societies to be resolved through the Registrar. Additionally, you can refer to the case of Ramdas Shivram Sattur v. Rameshchandra Popatlal Shah, which reinforces the rights of nominees under Section 30, stating that societies should transfer ownership to nominees and not insist on further documentation like a succession certificate unless there is a specific challenge from other legal heirs.
If there are no disputes or claims from other heirs, the nomination form should suffice for transferring and dealing with the property. If the society continues to insist on the succession certificate, you may have to approach the cooperative court for further relief.
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Adv. Rohan Venkatesh Yemul
Mumbai | 100+ Answers
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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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