I Aniket Nerurkar is involved in acquiring Succession Certificates from High Court for Movable Properties.
Succession Certificate is obtained to ascertain how many are the legal heirs of the deceased and bring all the legal heirs on record.
It is to be noted that when only MOVABLE PROPERTIES are to be claimed SUCCESSION CERTIFICATE is acquired by bringing all the legal heirs on record.
When only IMMOVABLE PROPERTY is involved/claimed then LEGAL HEIRSHIP CERTIFICATE is to be acquired by bringing all the legal heirs on record.
SUCCESSION CERTIFICATE and LEGAL HEIRSHIP CERTIFICATE is acquired when the deceased expires without a WILL. When a deceased expires with a WILL being executed the EXECUTOR mentioned in the said WILL has to acquire PROBATE for the same.
His investigation/verification process involves investigation of chain of agreements by taking TITLE SEARCH REPORT from sub-registrar office manually and also through online process.
Title search verification of 30 to 40 years is one of the process of checking the title of any immovable property alongwith the Index 2.
Other process of checking the title of immovable property is to check the property papers from SUCCESSION and INHERITANCE point a view. If a person has expired, first question to be asked for the person selling the immovable property is whether the person or seller of immovable property expired by executing an WILL or died INSTESTATE. If the person has died intestate the law of succession will apply. There are different Succession laws for different religions. For Hindu there is HINDU SUCCESSION ACT, for Christians there is INDIAN SUCCESSION ACT and for MUSLIMS -MUSLIM PERSONAL LAW.
If the person has expired with a WILL duly executed then as per HINDU SUCCESSION ACT the “WILL” has to be PROBATED. In Christians and in Muslims the WILL need not to be compulsorily probated. But in Muslim the effect of will is only 1/3rd and 2/3rd goes by Succession. If the property is owned by H.U.F, then If Aniket Nerurkar the lawyer of Purchaser it is his moral duty to inform the purchaser that it is advisable to make all the coparceners party to agreement for sale and the Karta has to mention in it the reason behind sale of property. If only KARTA sells the Immovable Property and does not distribute the sales consideration then the Coparceners along with the Karta can file a case against the purchaser also.
In case of Purchase of Property by our client, where nominee is claiming to sell the flat then in that case it’s Advocate Aniket Nerurkar moral duty to make all the legal heirs party to the agreement as sellers, as nominee is just a CARETATEER and has no right to do any act of ownership like sale of flat etc.