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Transfer

(Querist) 22 November 2011 This query is : Resolved 
A person has died. His flat's paper are with one bank against the home loan.
Loan have been repayed fully before person's death.Now flat has to be transfered in the name of his wife and son. Bank is asking for the Legal Heir Certificate. How to acquire Legal Heir Certificate and what is the further proceedings to get the flat papers from the bank and to have property transfered in the name of his wife and son. The case is from New Bombay ( Navi Mumbai) Maharashtra . Building containing flat is constructed by the CIDCO.

Thanking You
M.Sheik Mohammed Ali (Expert) 22 November 2011
yes, the bank can ask legal heir certificate from you, any way either you will get Tahsildar or from the Court, if go court best engage a advocate.
Rajeev Kumar (Expert) 22 November 2011
Agree with expert
Tushar Kochale (Querist) 24 November 2011
what is a procedure to get legal heir certificate from a Tahsildar and a court.
prabhakar singh (Expert) 26 November 2011
Courts issue succession certificates with regard to movable like money in bank ,shares securities etc.,for which an application is moved under indian succession Act1925.

The legal heir certificate issued certificate to be issued by SDM/tehsildar office is issued with respect to immovable properties of a deceased owner to his heirs[by will/or by law]

For it heirs move an application stating death and relation and law by which they claim the succession along with death certificate where after the application is marked to lekhpal for report who enquirers facts stated in application then files the report then,the certificate is issued.


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