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Succession certificate vs legal heir
16-Apr-2026 (In Property Law)
I am looking for a resale property in pune the owner has all the documents on successtion certificate is not there sbi bank is asking for it so what should I do should I go to other bank or look for other flat.
If the property is inherited and a succession certificate or clear legal heirship proof is missing, the title is not fully marketable, which is why the bank is refusing the loan. Do not rely on another bank to bypass this, as the defect remains. The safer course is to insist that the seller first obtain proper legal heirship/succession documents or a registered conveyance from all legal heirs; otherwise, it is advisable to avoid the transaction and look for a property with clear and bankable title to prevent future legal complications.
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Adv. Pragati Patil
Thane | 25+ Answers
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If State Bank of India insists on a succession certificate, it’s safer to proceed only after it’s obtained. A legal heirship certificate may suffice in some cases, but typically takes 45–60 days. You may try another bank, but legal clarity is key to avoid future disputes. You can contact me for end-to-end documentation support.
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Adv. Shivani Chande
Thane | 25+ Answers
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A Succession Certificate is only for debts and securities. It doesn’t confer title to immovable property, i.e. the flat. Its use in flat transactions is more a matter of bank caution than legal necessity. However, if the lending bank is insisting on it, it indicates that the title is not considered marketable to their satisfaction. You may either require the seller to perfect title through appropriate documentation among legal heirs, approach another lender, or consider an alternative property. You should consult a practitioner who is familiar with banking and estate laws to assess the particulars of the matter.
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Adv. Siddhesh Bhosle
Mumbai | 25+ Answers
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if the succession certificate is not a viable option for you tell them to give you a release deed of all the legal heirs which will be done easily and cost efficiently as the succession certificates takes time and as you are buying the property you might not have that much time, get release deed registered on which you can get the sale deed from the concerned seller
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Adv. Moksh Jain
Mumbai | 100+ 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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