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Legal heir certificate for income tax purposes

(Querist) 18 October 2014 This query is : Resolved 
I stay in Mumbai. My father expired in July 2014. For filling of his online income tax return & audit report , legal heir certificate is required. Please tell me what authority issues this certificate and what is the time , cost and documents required.I have already visited tehsildar office. They say it is issued only if the expired person is govt servant or holds a property in that tehsil ( district)

2) My Father had industial godown in bhiwandi in his single name. I want to sell the godown. Whether i can do so ?
ajay sethi (Expert) 18 October 2014
did your father leave any will or not . if he died intestate you would letters of administration for sale of immovable property . legal heir certificate wont serve the purpose
vishal suresh bham (Querist) 18 October 2014
Thanks for replying ajay but these are to different queries. 1 about legal heir certificate 2) sale of property
T. Kalaiselvan, Advocate (Expert) 20 October 2014
About the legal heirship certificate, you have to approach the revenue authorities within the jurisdiction where your father lived for more than one year before his death.
as far as the property in his name, which, if intestate, shall devolve on all the legal heirs equally, hence you cannot sell it on your own without involving all other legal heirs, better have a consultation and discussion with a local lawyer and take his further advise before proceeding with any such action.


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