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Succession certificate mandatory for legal heirs


06-Jun-2023 (In Property Law)
My grandfather by relegion Hindu had a single marriage. He died without any will. My grandmother is still alive. My grandfather has 2sons and 1daughter(widow). My uncle has a daughter, my father has 2sons(including me) and aunt(widow) has a son. Is my understanding correct? That by Hindu Law the current legal heir of the immovable property (a residential building registered in the name of my grandfather) are my grandmother, uncle, my father and aunt?? None is in a plan to sell or transfer or reconstruct the building but to reside in the same jointly and amicably. Is a succession certificate mandatory in this case to establish the common title of the property by the legal heir???
Answers (1)

Answer #1
797 votes
After your grandfather's demise, your grandmother is the owner of 1/4th share, your father and uncle as well as the sister of your father are owners of 1/4th share each. If you want to reside in the property, you don't need a succession certificate and later on if you want to sale the property you could do it without succession certificate as well but I always advise you to have the succession certificate ready and get the property mutually partitioned which will help anybody to sell his/her own share and that would help you to maintain cordial relations. All the best. Regards
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