The disputes related to properties are the common disputes and court cases related to ownership rights over a property can go on for decades. It is already a very traumatic period for family members when a person dies and it become more difficult when owner of a property dies without allocating shares in his property and partition of a property is a complex issue. In Indian courts worth crores property cases are still pending. In the absence of testamentary documents become dispute between the families. The legal succession in the case of immovable property is not a simple process.
The change in title ownership on death of the original owner and subsequent transfer of the ownership due to succession or inheritance. In the matter of inheritance after the death of the owner the property should be mutated by submitting copies of Death Certificate. Mutation/Inteqal is a process of change or transfer of ownership title from one person to another person in the revenue records of the local municipal authority. It enables the authority to issues proper tax documents and fixes property tax payment liabilities. Where the ownership related to land, mutation is considered an important document. The law facilitates all citizens of India holding property to decide the person who will be entitled to their property after death. The wish of a person with respect to distribution of their property is done legally through by creating the Will. In case where a register will has been left by the person the property will get transferred to the beneficiary named in the Will by the deceased. The beneficiary needs to get the mutation done in the official record of the municipal corporation or the concerned authority. For getting the mutation done, it is important for the beneficiary that he should have the death certificate, copy of the property documents, copy of a Will etc. However if the will is unregistered the beneficiary may have to obtain a decree from the court to get the mutation of property done. In Mumbai, Delhi, Kolkata, Chennai obtaining a probate for a Will is compulsory and the transfer upon a death where a Will is left behind by the deceased can only be done once the court issues a probate.
Succession Certificate is defined as a legally binding certificate granted by the Courts to the legal heirs of a person for movable assets such as cash at bank, securities etc.. A succession certificate is given to the successor/heir of a deceased person to establish the authenticity of the successor and also to give the certificate holder an authority over the deceased person’s movable assets such as bank account, shares, fixed deposits debts and securities etc. Succession certificate gives security to all persons who are liable on such securities or owing debts with regards to all payments made to or dealings in good faith with a person to whom a succession certificate granted. It is necessary for claiming assets such as bank balance, shares, mutual funds investments, fixed deposits, etc. Banks and financial institutions ask for a succession certificate when releasing funds to a certain nominee who might not be registered as the legal beneficiary. In such circumstances, arguments and fights are bound to arise, and it is here that the certificate holds the most value. The document once assessed leads to the resolution of such disputes by legally deciding to whom the money must go to in situations like these. Similarly, it comes handy, when a large inheritance allowance is to be issued, and the heir’s legitimacy has to be validated. It is imperative to take advice of lawyers especially in cases of NRI’s to understand the best way to move further when transferring the properties both movable and immovable of a deceased.