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Parag Kumar (Other)     21 December 2015

Legal heir document asked by lic

Hi,

LIC have asked me to submit Legal Heir document so that i can retrieve the property documents which were leased around 25 yrs ago by my Father for house loan.

Do we have a alternative solution to get the documents? Legally wife(my mother) would be the next immediate owner/nominee of the property in this case and the documents should be given to her after verifying the identity.

please advise.

Thank you,

 



Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 December 2015

Sir, Legal heir certificate is mandatory ... Warm Regards Kapil Chandna Advocate 9899011450

Adv Akhtar Ali Sheikh (Property Law Consultant)     21 December 2015

You say that property documents were leased. The documents are never leased one thing secondly your father took the loan hence there was no lease of your house too.

Now coming to the question what I understand is as a security your father might have

1. mortgaged the property by registering the mortgage or

2. he could have simply handed over the property documents as security.

If it has been by way of former method then compulsorily your property needs to be reconveyed to you by registered deed, otherwise by giving an indemnity and affidavit by all the legal heirs the documents could be obtaibned,

If the agreement is registered you can have the certified copy of the same from Registrar office, if the original is not easily available provided all the loan with interest and all demands of the LIC are discharged.

 

 

 

Kumar Doab (FIN)     21 December 2015

Apparently the loan was obtained against policy.

Legal hier certificate is issued by Tehsildar after report by Patwari and Kanungo.

It is simple matter.

Parag Kumar (Other)     22 December 2015

All,

appreciate your response.

as advised by Adv Akhtar Ali Sheikh adv.aali , affidavit by all the legal heirs the documents could be obtained. So this could be an alternative to legal heir document to be submitted to LIC to retrive the property documents?

Yes, the property documents was handed over to LIC as security, not leased. my correction.

The reason I am looking for alternative solution to Legal Heir Document is one of inheritor is not in India to get the document done as all heirs should be present in Court.


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