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Surety in succession certificate
Question
Hi-
I filed a petition before CJM court seeking a succession certificate for the fixed deposits of my deceased family member (as there was no nomination). On this petition, I got a court order for the issue of succession certificate upon payment of court fees, bond, and 1 surety. For surety, my lawyer asked for someone with land/ house property. For someone acting as surety, the court will ask for the property registration paper of that person and thereafter, make the required court note on those papers (I do not know what exact note they will make).
Questions:
1. Will that court note on property papers will impact the sale of that property in the future? Will the owner of the property be able to sell it legally/ without hassles even with that court note on it?
2. Till when this note be there on the property papers, i.e. is there any time limit for it? It being a civil case (succession certificate) with no other case claimant of the fixed deposits of the deceased. So I do not expect anyone else to come as a claimant for that fixed deposit ever in the future.
Answer ( 1 )
1. that court note will not affect the sale of that property in future and yes the owner would be able to sell it without hassle. He is only a surety.
2. In your case, the chances of invoking security seems to be bleak however if ever any objection is raised and you dont appear in the court, it is only then the surety will be invoked.