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Is succession certificate really necessary to transfer the property


06-Jan-2023 (In Property Law)
There are 2 flats and a shop in Navi Mumbai. Their is a dispute among the 4 legal heirs and a settlement hasn't been agreed.The Muslim law of sucession is applied in this case.What is the procedure to transfer the property? The advocates here have suggested for a succession certificate from a district court, but the partion as per muslim law isn't considered. Is succession certificate really necessary to transfer the property?
Answers (2)

Answer #1
597 votes
1. Actually succession certificate is used by bank for loans .

2. But in most of the District , Land records demand legar heir for transfer of immovable property because of family member disputes .

3. In your case , Succession Certificate is must , because of Legal family owner & truthfulness of family member .
Answer #2
777 votes
Even though you are governed by your personal law and partition is as per your personal law I.e. mohammand law then to you have obtaine succession going to court with ground that as per mohammand law the partition is done and succession should be obtained accordingly.

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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