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Legal heir certificate or succession certificate
14-Aug-2024 (In Property Law)
My father dies in 2009 and my youngest brother made flat on his name and in 18 he dies .now we are totallyfour brothers including younger broths who dies his wife claim
property at grantroad mumbai now under redevlopment.so i amd my another brother require legal heir or succession certificate and eldest broths who are separate from us has given in writing that he has no right in property.now what to do for legal or succession certificate time and cost
In order to get a succession certificate a petition for the same is to be filed in court and would require some time to obtain the certificate. However, it is possible to get the certificate a bit early too. Feel free to contact me for seeking any legal assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 200+ Answers
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The succession certificate or legal heirship certificate will take approximately one and a half to 2 years. It has to be filed in the Bombay High Court. The total cost will be one and a half lakh. Also many steps will be required to be taken if you want it issued earlier
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Adv. Kajal B Joshi
Mumbai | 25+ Answers
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1) As per your question it is very much clear that same flat was in the name of the father who died in 2009 but on what grounds did the younger brother made the flat in his name is it a gifted or a release deed?
2) and has the society issued the share certificate in his name? All the brothers & sisters have equal rights on the said property which is of the father and their simple NOC is of no use for the succession certificate & it should be in the form of an affidavit and undertaking which has to be submitted in the High court
3) As the younger brother’s wife is claiming her rights in the property at grant road on ward grounds is she’s asking her share in the property and does she have children?
4) You have not given the full clear picture and so we require the actual documents for further assessment to take the necessary steps below given here are the list of documents which are required and after that I can give you the final reply
 PENDING LIST OF DOCUMENTS: -
A) Registered Sale agreement of the flat/ Shop/ Property OR Chain of all the Sale agreements having copy of INDEX-2, with all Stamp duty & registration receipts of all agreements.
B) Front & Back Xerox of Share certificates & Society registration certificate
C) Documents of transfer of flat from father to youngest son
D) Last paid Light Bill & maintenance bill before redevelopment of flat .
For further details feel free to contact us.
2) and has the society issued the share certificate in his name? All the brothers & sisters have equal rights on the said property which is of the father and their simple NOC is of no use for the succession certificate & it should be in the form of an affidavit and undertaking which has to be submitted in the High court
3) As the younger brother’s wife is claiming her rights in the property at grant road on ward grounds is she’s asking her share in the property and does she have children?
4) You have not given the full clear picture and so we require the actual documents for further assessment to take the necessary steps below given here are the list of documents which are required and after that I can give you the final reply
 PENDING LIST OF DOCUMENTS: -
A) Registered Sale agreement of the flat/ Shop/ Property OR Chain of all the Sale agreements having copy of INDEX-2, with all Stamp duty & registration receipts of all agreements.
B) Front & Back Xerox of Share certificates & Society registration certificate
C) Documents of transfer of flat from father to youngest son
D) Last paid Light Bill & maintenance bill before redevelopment of flat .
For further details feel free to contact us.
Helpful?
Adv. Anish Palkar
Mumbai | 25+ Answers
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You have to get the legal heir certificate and this process is time consuming it will take 2 to 3 months or more as everyone’s consent and signature will required the total cost of legal heir certificate will be 1.5 Lakh .
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Adv. Deepak Tiwari
Mumbai | 25+ 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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