Need info about legal heir and successor certificates

This query is : Resolved 
 

(Querist)
14 January 2018

Hello,
My father expired last month (Dec 2017) in Hyderabad, Telangana. I am the only child. Our native place is Guntur, Andhra Pradesh. My father has a couple of bank deposits and a house in Guntur.

I have obtained the Death Certificate from Hyderabad (GHMC).

I have no idea about the process to claim the deposits and the house.

Based on initial research, I came to know about legal heir certificate. Is this same as Successor certificate?

Should I get these certificates from Guntur, AP or is it okay to get it from Hyderabad?

Thank you very much for all help you could provide.


Isaac Gabriel (Expert)
14 January 2018

You can get the legal heir certificate at Hyderabad and claim the properties

Ms.Usha Kapoor (Expert)
15 January 2018

If a person dies without leaving a Will, a Succession Certificate can be obtained from the court to
realize movable properties like debts and securities of the deceased and to give valid discharge.
Features:A succession certificate is issued by a civil court to the legal heirs of a deceased person. It
establishes the authenticity of the heirs and gives them the authority to have securities and other
assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of
inheritance on an application made by a beneficiary to a court of competent jurisdiction.
Application: A person requiring the Succession Certificate needs to file an application with the
district court or high court within whose jurisdiction the asset is located.
Details: The name and relationship of the person requiring this certificate, names of all heirs of the
deceased, details about the time, date and place of death should be mentioned in the application. A
copy of the death certificate has to be produced.
Process: The court typically issues a notice in the newspapers for a given period (generally 45 days).
If no one contests the petition on the expiry of this period, the court passes an order for issuance of
succession certificate.
Fees: The court levies a fixed percentage of the value of the estate as fee for issuance of the
certificate.
Points to note
 The court fee has to be paid in the form of judicial stamp papers of the required amount, after
which the certificate is typed, duly signed and delivered.
 The certificate takes about 3-4 months from date of filing to receive your certificate.
 A succession certificate is necessary, but not always sufficient, to release the assets of the
deceased. For these, a death certificate, letter of administration and no-objection certificates
will be needed.
Legal Heirship Certificate
If the head or a member of the family expires, the next direct legal heir of the deceased such as the
wife or husband or son or daughter or mother may apply for legal-heirship certificate on application
for the purpose of transferring Electricity connection, House Tax, Telephone connection/patta
transfer, Bank Account, etc. If the person who died is a Government servant, legal heir certificate is
issued for sanction of family pension, and for getting appointment on compassionate grounds.
Features:
 A legal heir certificate is issued by the government for those individuals whose parent/husband is
dead without leaving a Will.
 To establish relationship for claims relating to Insurance, pension, retirement benefits or service
benefits of central and state government departments, Government undertakings etc.
 In legal succession cases to get succession certificate to establish the relationship
 To get employments for example compassionate appointments.
 Approach the District Thasildar office with the death certificate, identity card, ration card and
produce the prescribed application form.
 Based on the report of the Village Administrative Officer and Revenue Inspector and after due
enquiry, this certificate is issued by the Tahsildar mentioning the names of all legal heirs of the
deceased.
 It will take around a month to process all the necessary information and receive the certificate.

In view of the above after obtaining the death certificate you apply for legal heir and claim certificate from District Tahsildar either in Guntur where immovable property is located or in Hyderabad where you reside and also FDs of your late father from the bank.


R.Ramachandran (Expert)
15 January 2018

1. You have to apply for and obtain both Legal Heir Certificate and Succession Certificate.
2. Legal Heir Certificate is required for the purposes of claiming immovable properties left behind by a deceased person.
3. Succession Certificate is required for the purposes of claiming any movable properties like money balance in Bank Account, Fixed Deposit etc. etc. where the balance is more than certain amount (Say Rs 1 lakh or so you have to check up). This is required in cases where the deceased has not left any NOMINEE. In case any Nominee has been appointed the Nominee can claim the amount from the bank and then distribute equally amongst the legal heirs. If the bank balance is less than certain amount (say less than Rs. 1 lakh or so), even in the absence of Nomination, one can claim the amount by establishing credentials and giving INDEMNITY BOND.
4. Legal Heir Certificate has to be obtained from the Tehasildar's office where your permanent residence is situate.
5. Succession Certificate has to be obtained from the District Court which has jurisdiction over your native place Guntur.
6. Therefore, go to the Bank concerned and first make enquiries. Note down their requirements and take steps accordingly.

Rajesh Kumar (Querist)
15 January 2018

Thank you all.

Question about legal heir certificate- I and my father have been residing in Hyderabad since 2013 November. Does that mean I need to apply for legal heir certificate at the concerned MRO office at Hyderabad ?

Thanks much!

Ms.Usha Kapoor (Expert)
15 January 2018

Apart from District Tahsildar, Judicial Magistrate may grant legal heir certificate. MRO has no jurisdiction to grant legal Heir Certificate.

Adv. Yogen Kakade (Expert)
15 January 2018

Heir-ship and Succession certificate are two different things.
Is it just about bank deposits? or any property is also involved?
Take a help of a local lawyer.

Rajesh Kumar (Querist)
15 January 2018

Hello all,
We have both immovable property (house) and bank deposits.
Deposits:
I verified that my mother is the nominee on the deposits. I assume I don't need successor certificate as my mother is the nominee on the bank deposits. Is this correct?

Property:
Per all responses received above, I understand that I need to contact concerned Tahsildhar in Hyderabad (where I and my father have been residing) for the "legal heir" certificate even though the property is in Guntur, AP.

Am I correct?

Thanks to all who provided their valuable inputs. Really appreciate the support!

P. Venu (Expert)
15 January 2018

If your mother is the nominee, she can receive the amounts from the Bank. As regards to the property, it is jointly vested with you and the mother, unless there are other siblings. Your grandmother, if alive, is also a legal heir.

Kumar Doab (Expert)
15 January 2018

Which personal law applies in this case; say Hindu!
Do all Bank accounts have valid nomination
Confirm!

Kumar Doab (Expert)
15 January 2018


Bank Deposits;
1st thing 1st ; Check if the Bank deposits have valid nomination.
Then obtain claim forms pertaining to ‘Deceased Depositor Claim’ ( per Deceased Depositor Claim Rules) in a scenario;

-If there is valid Nomination in all Bank accounts or in some Bank accounts.
-If there is NO valid nomination in all Bank accounts or in some Bank accounts.

and complete these and submit under proper acknowledgment.
The applicable guidelines are issued by RBI that the Bank has to adhere.
These guidelines/rules are available on website of RBI, Bank……….
The Bank/BM is under obligation to provide printed version without any cost to claimant.

Kumar Doab (Expert)
15 January 2018

GO thru:
RBI; Master Circular on Customer Service in Banks
20. Settlement of claims in respect of deceased depositors – Simplification of procedure
20.1 Accounts with survivor/nominee clause
20.2 Accounts without the survivor / nominee clause
https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9862#20

The claim forms are also available on website of Bank and in office.
The legal heir certificate may not be asked and bank may agree upon certification by Municipal Councilor.
In case of NO valid nomination the Bank may agree upon getting Indemnity, surety(ies), Disclaimer from family of deceased depositor.
Go thru the deposit Instrument, Claim forms and demands of the bank……

Kumar Doab (Expert)
15 January 2018


House Property:

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.

You can determine the share of each legal heir accordingly and see how and how much gets in each legal heir.
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

Kumar Doab (Expert)
15 January 2018


So 1st of all you may approach the O/o Authority and check what are the requirements. Some authorities may even accept certification of legal heirs even by Local Municipal Councilor.

Dr J C Vashista (Expert)
16 January 2018

You have adequately been advised and obliged by experts, now it is your turn to proceed seeking professional services of a local prudent lawyer.



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