Legal Hire OR Succession certificate OR Transfer through Sub registrar&Khata
8 months ago
So confusing :
My mother Expired(Region thane Maharashtra) Leaving property without will & nomination ( All property is owned by her or registered under her name no ancestral transfer,father expired 18 year ago ) I only the son ( no brother sister i alone no sibling ).only movable assets she had is bank account which has nominee as me - so no problem for movable assets , only have problem with immovable property which is house ( no will , no nomination)
Visited Advocate : one saying you need Legal Hire certificate(they say succession certificate is for movable assets like bank acount and shares) some say you need Succession certificate, Some say mostly not advocate Legal Hire OR Succession certificate not need ,property can be transferred through sub-registrar & khata transfer at lower cost , at much lesser time
When going through the info its still confusing : they say Legal Hire certificate OR Succession certificate r different but when we read about its purposes & features then the purpose of both written r same but they say its different (how if written purpose&feature written same which is tranferr of assets and still not same )- they say both r used to transfer of property(than what is difference) - some say its used to transfer movable assets(either both or one of them ) & some say for immovable(either both or one of them ) . is it purposely done to confuse common people to visit services & pay more ?
Which is best & legal way to transfer immovable assets mostly property or real estate asset
through : Legal Hire OR Succession certificate OR Transfer through Sub registrar & Khata
Being a sole legal heir you have exclusive right to inherit the intestate property of your deceased mother. When a legal matter is explained or interpreted differently, it creates confusion for the information seeker. So far I understand, that you need to obtain a legal heir certificate from a competent authority like a municipal Corporation, Tehashildar, Circle Officer etc, in compliance with all formalities, and on the basis of said legal heir Certificate you need to apply to your respective district's sub-registrar's office along with the link Deed of Conveyance of your mother, a certified copy of land records/khata and your identity particulars for processing the transfer of title of the property in your favour through a deed of conveyance and on approval of your appeal by SRO and payment of stamp duty and registration fees, the deed of conveyance will be registered in your name. On receipt of the registered Deed oF Conveyance, you can change the land record khata along with other property-related records that were in the name of your deceased mother. Reach out to an Advocate for further guidance and steps.
When a person passes away without leaving a will, their property is distributed among their legal heirs. In your case, since you are the sole surviving legal heir (son) of your mother, you have a rightful claim to her property. However, the process of transferring the property's ownership involves legal documentation to establish your right.
Succession Certificate: This is a legal document that establishes the legal heirs of the deceased person and their right to inherit the property. It is often used to transfer movable assets like bank accounts, securities, etc. Some advocates might suggest using this for immovable property as well, but its applicability to real estate can vary.
Legal Heir Certificate: This certificate establishes the identity of the legal heirs of the deceased person. While it's often used for claiming benefits, such as insurance or pensions, some advocates might suggest using this for transferring immovable property as well.
Transfer through Sub-Registrar and Khata: In some cases, especially if there's a clear understanding among the legal heirs and no disputes, the property can be transferred directly through the local sub-registrar's office and the khata transfer process. This is often considered a simpler and more cost-effective method.
The confusion you're experiencing might arise from the fact that different legal professionals might have different interpretations of the best way to handle the situation. Laws and practices can vary, and sometimes, recommendations might depend on the specific circumstances and local regulations.
To make an informed decision, consider the following steps:
Costs: Understand the costs associated with each method, including legal fees, government fees, and any other expenses.
Risks and Benefits: Ask about the potential risks and benefits of each approach in your specific case. Factors like family dynamics, property type, and local regulations can influence the best course of action.
Thanks
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