sivasankar 03 August 2016

Legal heir certificate

I had taken one property and following is the issue in that. Please guide me to proceed to further.

Apartment costing @ Rs 37.0Lakhs and registered name holder was expired and his wife and one daughter (14 Years) was available.

Bank people are asking me to submit the following documents.

1. Legal heir certificate

Family members certificate issued by MRO.

(We contacted to MRO, but he told me that this certificate will be issued to government employees only not for others and he was not issued the certificate)

2. Competent court permission to sell the property as the daughter is minor.

Please guide me the procedure and how many days it will take to get the above certificates.

Thanks

Siva

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6 Replies

NARENDER RAO BASAVARAJU (Advocate) 03 August 2016

In the present case, ( If there is no will made by the deceased person), a succession sertificate by a competent court is required. As there is another issue of a minor also, it is better to approach an experienced civil lawyer in your area.

Regarding, the time it takes, depends on the work load in the court . The advocate will have an idea of the same

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 03 August 2016

Legal Heir Certificate is also known as Succession Certificate.
According to the Market value of the Property or claiming amount the jurisdiction will apply for the Succession Certificate/ Legal Heir Certificate.
For getting Legal Heir Certificate the applicant should furnish his/her particulars, details of the property etc., by giving an Affidavit.
Consent Affidavit for No-objection.
Death Certificate of the deceased owner of the property.
Market Value Certificate of the property from the Registrar of Stamps and Registrations. In respect of claiming amount such as Bank FDs, Bank balances, Insurance claims, Shares, continuation of loan, Bank lockers, in case of mortgage releasing of property documents etc., a statement from the authorities concerned is very much essential to submit before court.
Two third party affidavits in Rs.10/- N.J. Stamp Paper.
For Proof of Identity the applicant should furnish Ration Card/Voters ID Card/Pass Port/Service Proof etc.
Other original documents relating to the claim of the property.
Petition praying what he/she is claiming.