Legal Heir certificate


What is the procedure to get a Legal Heir certificate in Kerala? Who is authorized to issue such a certificate? How long it takes and what is the cost involved? The certificate is for the purpose of an insurance claim of mother who died. The legal heirs are husband of the deceased, son and a daughter. Son and daughter are fully endorsing their father to be the legal heir to claim.  Would lke to know (1) whom to approach (2) what are the forms or documents needed (3) should we go through a lawyer, (4) time involved becuse the son lives in Delhi and the daughter is in Gulf (5) what are the role and documents the son and the daughter need to sign and (6) are they needed to be personally appeared before any authority?

 
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Advocate/ Arbitrator

Tahsildar is the authority competent to issue legal heir certificate.Apply with all the details of legal heirs and the purpose for which is required along with the death certificate .

 
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Madam,

Please specify date of death, If person died recently, then have you got a death certificate. If you have got a death certificate then apply for legal heir certificate to Thasildar /Taluk office in your locality for a legal heir certificate. There are forms available outside the Taluk office. Your application will be sent to the revenue Inspector of your locality and to the Village administrative officer and they will verify about legal heirs of dead person and take statement from about 10 persons and the Legal heir certificate will be issued with a minimum period of 15 days, Povided you keep a follow up. Services of an Advocate is not necessary, take the help of your VAO. All Legal heirs / signatures are not needed for the purpose. The cost of the certificate is bare minimum Rs. 20. Regarding the Insurance claim consult your insurance company, there sure would be a nominee and the money will be paid to a nominee. In case the date of death is must earlier then the procedure is different.

 
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advocate

GET THE DEATH REGISTERED THEN TAKE A COPY THEREOF AND FILE A PETION FOR A SUCCESSION CERTIFICATE IN THE COURT OF CIVIL JUDGE OF THE DISTRICT WHERE LADY DIED ,ORDINARLY RESIDED.COURT FEE WOULD DEPEND ON AMOUNT INVOLVED WHICH IS CHARGED ACCORDING TO STATE AMENDMENTS MADE,PAYABLE ONLY AFTER HEARING DONE OF PETION AS HEIRS HAVE NO OBJECTION IT SHOULD BE MOVED BY HUSBAND  MAKING OTHER HEIRS(SONS/DAUGHTERS)  OPPOSITE PARTY AND AFTER PUBLICATION OF NOTICES THESE OPPOSITE PARTIES SHOULD FILE A CONSENT IN FAVOUR OF THEIR FATHER,PETIONER THAT THEY HAVE NO OBJECTION IF CERTIFICTE IS GRANTED ALONE IN THEIR FATHERS' NAME.THEN THE PETION SHALL BE AWARDED AND COURT WILL ASK TO DEPOSTE JUDICIAL STAMP CALLED COURT FEES AND THE CERTIFICATE SHALL BE ISSUED ON THE SAME VERY PAPER.

JURISDICTION IN STATES OFTEN DIFFER BUT HOPE FULLY IT WOULD BE CIVIL OR DISTRICT JUDGE OR A JUDGE OF HIGH COURT HAVING ORIGINAL SUIT JURISDICTION(me from up not sure about kerela) as states do create mess and uniformity does lack among states on this score. 

 
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Advocate

I do agree with prabhakar singh.

 
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Greetings!

My husband expired on December 25,  2011.  We are in Delhi.  I have to get Heirship certificate to close Bank accounts which were in his name and do not have naminee  Also some share certificates which do not have any nominee, need to transfer to my or my son's name.  Kindly help me with guidance.

Regards

Vijiramanan

 
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Dear Sirs,

 

We have aplied for legal heir certificate before four months and they gave 2 numbers and instructed to check the website.

I searched so many times but no luck to find it.

Could you please help sir?

 

thanks,

latheef

wheather55@yahoo.co.in

 

 
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Senior Section Engineer

The procedure for getting legal heir certificate in Kerala is mentioned in Kerala Revenue department website. Application is to be given to the concerned Tahsildar of your Taluk through Village officer. Two non-relative neighbours who had participated in the funeral of the deceased have to give a statement to the village officer.  Application forms are sold outside all Taluk and Village offices in Kerala.  It takes minimum of 4 to 6 months for getting it published in Kerala Gazette.  Main point to note is that for amounts more than Rs. 5000, succession certificate from a civil court is mandatory.  Normally, legal heir certificate is useful for immovable properties like land, house, etc.  Website details are as below:

http://www.kerala.gov.in/index.php?option=com_content&id=2276:faq-revenue-department&Itemid=218

 
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