Legal heir certificate


Hello Friends,

My grand father purchased a piece of land way back in 1960 in chennai. He died without any will leaving behind my grand mother and 3 sons. My father is the eldest son. My grand mother and my father's 2 brothers excuted a relinquishment deed in favour of my father. They were given the market rate of the land at that time.(in 1976). Now my father is planning to build a house in that land. For this myself and my father has jointly applied for loan. Now the bank is asking for legal heir certificate.For getting the certificate what should be done. Should my grand mother's name and the name of my 2 uncles be shown as the legal heir. Does this mean that they have any share in this property.Is their signatures required for getting the certificate?

 
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practicing advocate

When your father has got relinquishment deed in his favour then succession certificate is not necessary.  You have to produce the deed before the Bank Manager.  Inspite of it bank asks for the succession certificate then you will have to apply before the Concerned Tahasildar, who will issue survivors certificate not succession certificate.  For succession certificate you will have to apply to the civil court. ( in Karantaka if the Govt., employee dies succession certificate will be issued by the Tahasildar, if not court will issue the succession certificate)

 
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B.Sc, B.L

You must have shown the relinquishment deed to the Banker. If stil he persist for a legal heir certificate, it is rediculous.

How ever in our parts what is being given is only "Family Members Certificate" by the Tahasildars. Courts will not give such a certificate.

 
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I have shown the relinquishment deed to the bankers. But still they are asking for the legal heir certificate.

How to apply for the Family member certificate or the survivors certificate. Should my father's brother come in person to apply for that? Are their signatures required?How long will it take to get the same?

 
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Retired

 Pl obtain succession certificate. It may cost you money and is time consuming but it will solve all your problems for all time to come.

 
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