Property purchase without Succession Certificate

In Succession Certificate Law
I am buying property in Thane and given the token amount to the seller. This property agreement is between the seller and the seller father's name from the builder. few year's ago sellers fathers pass away and now he wants to sell this property. Now share certificate and tax receipt is on seller name and electricity bill is on sellers father name. when I applied for a loan in SBI they said Succession Certificate is required in this case. so I have informed the same to the seller but the seller has given me an affidavit on rs.100 stamp that seller mother and sister do not have any objection on selling this property. I have a check in government banks like SBI, BOI, UCO bank and all are asking for Succession Certificate but when I asked in private bank HDFC then they are ready to give loan with this affidavit as the seller current loan is from the HDFC bank. I want to know is there any issue in the future if I go with HDFC. also any issue in future selling to another buyer?

Answers (1)

222 votes
This is my response to you:
1. Strictly speaking the seller needs to obtain letters of administration;
2. A succession certificate may not be be solely needed;
3. Also an noc does not suffice, a release deed will be needed and the same registered;
4. Consult a local lawyer and take steps.

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