Heirship cerrtificate
practicing advocate
(Querist) 02 July 2018
This query is : Resolved
Respected Learned Counsel
I had filed an application for heirship certificate under the Bombay Regulation Act A synopsis of the cases is that immovable property left after the deceased and upon the submission of all the documents still tuehe civil judge is insisting on producing the documents pertaining to property.As this is property is situated in ulhasnagar where going back to say 1960 only the tax receipts is there is in the name of the deceased there is no documents of agreement of sale during such period everybody used to occupy the land and the municipal corporation is just collecting the taxes from them and as the land belongs to the municipal corporation only.
My query is that is any legal options available with me in the absence of documents of agreement.
Can the civil judge is authorised to insist on the production of the same despite my repeated statements that during such periods almost all the lands were occupied in the same manner as a proof only municipal tax receipts and electricity bill is there.
is it mandatory to produce such documents to obtain heirship certificate.
please guide me
Kishor Mehta
(Expert) 02 July 2018
The Judicial Authority has to verify a claim of ownership before certifying for heirship, Since the property tax is paid, you may request the Municipal authorities to issue a certificate about the ownership of the property on the basis of which they are collecting property tax.
