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Letter of Administration/Succession Certificate
17-Jul-2023 (In Property Law)
Hi. There was a flat that was co-owned by my mother and father. My father expired last year. My mother and we legal heirs sold the flat. The buyer needs a Letter of Administration/Succession Certificate from us for that property. We have completed the sale deed with the buyer and handed over the possession. Is it possible to now apply for Succession certificate now that the sale is completed. Please advise. Thanks.
You may apply to the court for general heirship certificate as legal heirs of your deceased father without mentioning the said flat. And it will save the court fee as well since no property is mentioned in the said application.
Helpful?
Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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Hi,
The letters of administration is applied to seek administration of the property of the deceased person, while the said flat being sold with consent of all legal heirs and also assuming the Society has transferred the shares of your father into the legal heirs or as per family arrangement or through a legal process the question of any defect in title does not arise. Moreover the Purchaser is supposed to verify the title prior to sale.
Well, in event there are other properties of your father to be further administered then it can definitely be applied showing the present property as sold to cover the same as a per of the estate of your father. Else the application would be redundant for the property and estate already dealt with by the legal heirs and monies are appropriated, as a family arrangement. I also assume all family members have given consent to the present sale and that it’s established in the agreement for sale.
The letters of administration is applied to seek administration of the property of the deceased person, while the said flat being sold with consent of all legal heirs and also assuming the Society has transferred the shares of your father into the legal heirs or as per family arrangement or through a legal process the question of any defect in title does not arise. Moreover the Purchaser is supposed to verify the title prior to sale.
Well, in event there are other properties of your father to be further administered then it can definitely be applied showing the present property as sold to cover the same as a per of the estate of your father. Else the application would be redundant for the property and estate already dealt with by the legal heirs and monies are appropriated, as a family arrangement. I also assume all family members have given consent to the present sale and that it’s established in the agreement for sale.
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Adv. Sarthak Shah
Mumbai | 100+ Answers
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