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Family certificate

(Querist) 24 July 2014 This query is : Resolved 
where and how to obtain a family certificate?
i live in a tehsil in rajasthan.
Advocate M.Bhadra (Expert) 24 July 2014
I presume that you require Legal Heirs certificate not Family Certificate.In India issuing authority may vary from State to State,there are provision to issue the same by the local Councillor or Panchayat member in some State and it can be affirmed before the Judicial Magistrate by an affidavit in some State or it can get from Tahashildar in some State.

A Legal Heir ship Certificate is issued by a tahsildar. A tahsildar is an officer of the revenue branch of the State.

A Tahsildar has no right to decide on disputed issues of title or succession. Prior to the issuance of the Legal Heir ship Certificate, a summary inquiry is undertaken by the Tahsildar, through his or her functionaries, to ascertain the legal heirs of the deceased, so far as may be possible.

A certificate is issued on the basis thereof.

This certificate is useful for certain very, very limited purposes, such as mutation of revenue records and the like. Certain public limited companies are also prepared to act upon this certificate, rather than put individuals through the grind of applying to the court for a formal certificate.

Wherever there is a dispute, or a more formal certificate is required, a person claiming rights under a deceased has the option to apply to the competent court for the issuance of a Succession Certificate.

If the deceased has left a will, then, certain other court procedures will come into play.



Devajyoti Barman (Expert) 25 July 2014
Meet your local Tehsildar.
He issues such certificate.
malipeddi jaggarao (Expert) 25 July 2014
What do you mean by family certificate and why do you require it?
bindu choubey (Querist) 25 July 2014
my grandfather(maternal)had a plot in my hometown which came to notice by his son many years after his death. now he wants to sell the plot and divide the amount equally amongst six brothers and sisters.my mother is one of them and she is no more.so, legally myself and my sister will get 1/6 of the share.my sister is an invalid and mentally retarded and dependent on me.my father is alive and staying with me.so, is a family certificate necessary for the procedure, my father's ration card is not available. what should be my steps?
Rajendra K Goyal (Expert) 25 July 2014
Consult your area tehsildar, complete the formality. Family certificate is not issued but legal heir ship certificate is issued.
ajay sethi (Expert) 25 July 2014
visit the tehsildar office
malipeddi jaggarao (Expert) 25 July 2014
Your mother has share in the property. You, your sister and your father are legal heirs of your deceased mother. For selling the property your signatures are required, for which you should apply for legal heir certificate to the concerned revenue authorities. If your This has to be kept on the file the Registrar while registering the property by you people. If your sister is lunatic since birth,l she can be excluded from legal heirship on production of medical certificate.
bindu choubey (Querist) 26 July 2014
thankyou experts.
T. Kalaiselvan, Advocate (Expert) 27 July 2014
An application with the details of the family and the requirements you desire to be tendered with the local tehsildar office whereupon you will know further procedures.


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