Property and Succession Certificate Property and Succession Certificate

2 years ago

My sister is in US , but son and mother in India. Sister and i have no interest in properties, when father died instate(without will). And we want to move all properties in name of mother, no disputes expected in future.
2) Sister, need to share NOC from US for succession certificate? and GPA(in name of mother) and Relinquishment deed would be required for properties?
1) Will one succession certificate will work if we are staying in delhi and properties in name of father are in different states.
3) Multiple NOC/Relinquishment Deeds/GPA , for each property ?
4) How to get movable and immovable(properties in two different UP(land) and Rajasthan(flat)) assets transferred to mothers name. GPA would suffice for mutation and further selling ?
Please advise cheapest and easy way, since we have financial burden of loans too.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Only one document for each category is sufficient.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Since your father died intestate, you might have to go for a probate petition for your different properties. You need not file the petition in every state. If you file it one then you just citing it is enough so as to get the property transferred to your mother's name.
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Anik

Responded 2 years ago

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A.Hi,
You can get a probate petition filed in any of the jurisdictions where one of your property is. Then, you have to cite this probation before the authorities of other states so as to get the properties registered.
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Viswanath M K

Responded 2 years ago

A.1. Get a GPA signed by the sister in the US in favour of the son giving him power to apply and get a legal heirship/succession certificate and also sign and register the relinquishment deed in her capacity.
2. Get the succession certificate and then register the relinquishment deed releasing the 2/3 share to the mother.
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.Relinquishment Deed is always for a specific property.
Better get succession certificates from UP(land) and Rajasthan(flat)
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Abhimanyu Shandilya

Responded 2 years ago

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A.When the properties are distributed in multiple jurisdiction then all these problems crops up that where to execute the documents or where to file for succession certificate etc. Go by this thumb rule. Pick up that jurisdiction where you have maximum property in terms of valuation and invoke the jurisdiction of that State's High Court and since High Court's have extra ordinary jurisdiction they can exercise it over the other territory as well and properties spread on other territories.

The second option would be individually tackle the properties one by one. This will involve more logistics issues but.
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