Heirship certificate
VINOD
(Querist) 02 February 2016
This query is : Resolved
i have a property in joint names of my wife and me. we together nominated our only son in the society in navi mumbai.my wife expired in 2012.i want my son to be owner of 50% share of my wife. society is asking for heirship certificate. lawyers asking for 75,000 court fees. am i supposed to pay that amount when there is no case between me and my son nor there is any claim from any corner. i dont have any heirs anywhere in the world. please help me as i am confused.
VINOD
(Querist) 02 February 2016
what is a heirship certificate ? is it a certificate which proves a peron is a legal heir of the deceased based on documents submitted or is it a certificate by which you get ownership of a property whether or not there is any legal suite filed by paying 75000/- i mean is it necessary to pay 75000/- no matter what.
VINOD
(Querist) 02 February 2016
what is a heirship certificate ? is it a certificate which proves a peron is a legal heir of the deceased based on documents submitted or is it a certificate by which you get ownership of a property whether or not there is any legal suite filed by paying 75000/- i mean is it necessary to pay 75000/- no matter what.
Kumar Doab
(Expert) 02 February 2016
Based on nomination also the society may agree to transfer the share of deceased wife (mother) to son.
Legal heir certificate is issued by tehsildar after inquiry by Kanungo/patwari.
Inquire from local revenue office.
VINOD
(Querist) 03 February 2016
my query remains unanswered. please throw some light on the court fee part. who pays it under what circumstances. is it necessary to pay court fee under all circumstances.
Kumar Doab
(Expert) 03 February 2016
It has already been posted that "Inquire from local revenue office. "
If court fee is involved then inquire from court.
The court referred to by you might have kept the fee on its website as well.
Or you may visit the court.
Rajendra K Goyal
(Expert) 03 February 2016
Negligible charges are levied for issuing legal heir certificate and is issued by tehsildar office.
For succession certificate court fee is on value of the property involved and is issued by court. Mostly it is taken for movable property.
VINOD
(Querist) 03 February 2016
sir,
thanks for the reply. i wanted to know if a legal heirship is a certificate which is issued by the civil court to recognize legal heirs of the deceased and for recognizing legal heirs i have to pay a court fees of 75000/- even if i do not have any legal heirs anywhere and there is no dispute between me and my son who already is a nominee in the said flat.the society is asking for legal heirship certificate to prove we are legal heirs. do i still have to pay 75000/- for the certificate.
VINOD
(Querist) 03 February 2016
sir,
thanks for the reply. i wanted to know if a legal heirship is a certificate which is issued by the civil court to recognize legal heirs of the deceased and for recognizing legal heirs i have to pay a court fees of 75000/- even if i do not have any legal heirs anywhere and there is no dispute between me and my son who already is a nominee in the said flat.the society is asking for legal heirship certificate to prove we are legal heirs. do i still have to pay 75000/- for the certificate.
Rajendra K Goyal
(Expert) 05 February 2016
Legal heir certificate is not issued by the court and attracts negligible charges.
Rajendra K Goyal
(Expert) 25 September 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Heirship-certificate-578991.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-577981.asp
http://www.lawyersclubindia.com/experts/Legal-heirship-certificate-581541.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-617421.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-617681.asp
