Requesting your expert opinion in our case

662 votes

Society is absolutely right on its part, that, it is asking your Father to submit Succession Certificate and Release Deed from the Children of his Deceased Brothers! Society is following its due procedure, what if the children of Deceased Uncles raise objection tomorrow, that, how could have the flat been ransferred to your Father, without their permission, without Release Deeds and Succesion Certificate?

Advocate Pankaj Bajaj LawRato

961 votes

Yes, a release deed or a succession certificate is required in order to circumvent any legal disputes which might arise in future. Since the society is insisting for the same, you need to obtain the same. Feel free to contact me for seeking any legal assistance as regards the same.

Advocate Prerna Shukla LawRato

690 votes

In your case, since your late unmarried uncle nominated only your father in 2004, the nomination allows your father to be recognized as the person entitled to handle the property on behalf of the legal heirs. However, a nomination does not establish ownership under Indian law—it simply permits the nominee to manage the property until the rightful legal heirs are determined. To establish clear ownership and proceed with selling the property, the society is within its rights to request a succession certificate or release deed to ensure there are no disputes from other potential legal heirs, such as the children or heirs of your deceased uncles. These documents provide legal confirmation that your father is the rightful owner or sole claimant of the property. A succession certificate is generally issued by a court to validate claims over movable property and debts. It may not be strictly necessary for immovable property like a flat unless there are financial assets or liabilities tied to the property. A release deed would be required if there are other legal heirs who need to formally relinquish their claims to the property in favor of your father. Since your uncles are deceased, any surviving legal heirs of your uncles might need to execute this document. If there are no other legal heirs claiming rights to the property and your father is the sole nominee who has been managing it (paying maintenance and electricity bills), you could argue with the society that these additional requirements are unnecessary. However, societies often request these documents to avoid potential legal complications. To resolve this issue, you may want to verify if your uncles’ legal heirs exist and are willing to execute a release deed. If there are no such heirs or they have waived their claims, you can document this and submit it to the society. You could also approach the society to explain that the nomination and ongoing management by your father should suffice. If the society continues to insist, you might need to obtain a legal opinion or approach a cooperative court for clarification. As a final option, if required, you can apply for a succession certificate from the court to formalize your father’s claim. Consulting a property lawyer could help you address the society’s concerns more effectively.

Advocate Rohan Venkatesh Yemul LawRato