Kailash Pati Mandal (Assistant General Manager (ATC)) 24 May 2014

Legal heirship certificate

I would like to draw to your kind attention to the subject “Settlement of dues for rent for leasing of a nationalized Bank, at my Paternal House Premises” and to state that the only reason being non-submission of “Legal Heirship Certificate issued by Hon’ble Court” for settlement of dues for rent for leasing of Premises since the death of my father.

We have submitted to the bank Death Certificate of my father; Legal Heir Certificate (Warishan Certificate) from Pradhan, Gram Panchayat; Affidavit of one brother and a Registered Power of Attorney from brothers and sisters empowering one of us to collect the rent on our behalf.

I say that there is absolutely no dispute in terms of legal heirs of our deceased father.

The bank replied, “This is a case involving settlement of claim of the deceased person's asset. The Bank has to follow the legal formalities. The complainant needs to produce the legal heirship certificate from appropriate court of law. Our Bank advocate also advised the Bank to obtain legal heirship certificate as mentioned above. We advise the complainant to follow the legal procedure to enable the Bank to do the needful”.

We are in great trouble to obtain Legal Heirship Certificate. Kindly guide us to resolve this case. Whether the documents submitted by us are not sufficient to settle the rent?

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2 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant) 25 May 2014

Here the bank is right to call for the legal heir Certificate.

You are having two answers/ options for the question:

One, to get the Surviving member certificate from the SDM Office/ court after submitting copy of the death certificate an Affidavit mentioning all names and addresses of the surviving members of the family of deceased and the details of the property of the deceased. SDM will issue the certificate after getting conducted an inquiry from his own staff probably with in fifteen days.

Secondly, You have to apply in the civil court with an affidavit where in mentioning the names and addresses of all the surviving Legal heirs of the deceased.and court after getting published it on it's notice board and inviting any objection from concerned person out of the public at large witll issue a certificate for the same This is a time taking and expensive method but a more authentic and legally established unchallenged way to get a legal heir certificate.

Getting a certificate from Gram Pradhan, Panchayat or from the Patwari is not authentic and enforceable certificates. These certificates do not have any legal value.

T. Kalaiselvan, Advocate (Advocate) 26 May 2014

It is better to apply for succession certificate through a court of law and proceed with the issue accordingly. You cannot dispute the bank's ruling in this aspect.