My mother a Dawoodi Bohra died intestate. She lived in her flat in a society. The only LRS, according to succession law applicable to Bohras I and my two brothers are heirs. My son is the nominee. We three brothers made a Heirship Declaration before a Tehsildar. Witnessed by an outsider who knew the family for more 30 years. On basis of this affidavit we jointly along my son (Nominee) applied to society to transfer the membership and flat to the joint names. The refused and asked us to Succession Certificate from the Competent Court. Are they right? Now they are in process of bringing in my son on share certificate. How can my son transfer the flat to us. Getting Succession Certificate is costly and time consuming. All 3 of us are over 70.
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1) society can transfer flat in name of nominee registered in society records
2) in the event you want transfer of flat in name of legal heirs you need letters of administration from district court
3) please note that succession certificate is only for Debts and securities
4) for transfer of flat you need LA
5) it takes only 6 months
6) maximum court fees is Rs 75000
According to the Sucession Law. Sucession Certificate or Letter of administration does not apply Muslims. Refer to Sec. 212(2)
It is true provisions of Indian succession act do not apply to Muslims
Society can transfer flat in favour of the nominee as per recent Supreme Court judgment
You are at liberty to claim your share as per provisions of Muslim personal law as nominee is only a trustee for legal heirs
In these circumstances you may file a suit for mandatory injunction against the society to transfer the membership and flat to the joint names. The society is under a duty to effect the transfer, failure to perform which makes it amenable to the jurisdiction of the civil court.
Are they right? Now they are in process of bringing in my son on share certificate. How can my son transfer the flat to us. Getting Succession Certificate is costly and time consuming. All 3 of us are over 70.
The society cannot insist on producing succession certificate from court once a legal heirship certificate has been procured and produced before them. The legal heirship certificate is given by an authority competent to give it hence they cannot reject it.
You may issue a legal notice to the society to accept the same or to quote the relevant law of the land for rejecting the same.
After that you may proceed through court for necessary relief and remedy.
According to the Sucession Law. Sucession Certificate or Letter of administration does not apply Muslims. Refer to Sec. 212(2)
Succession certificate will not be applicable for immovable properties hence the demand for the same by the society is nothing but ignorance of law, they are to be tutored about it.