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Chidambaram   29 January 2019

Should i obtain succession or legal heir certificate?

My Wife passed away in 2014. We are survived by a minor daughter. We have a property in Tamil Nadu which is registered in her name. The property was not a inherited property. It was purchased by our earnings. Should we obtain legal heir certificate (from revenue dept - thasildhar) or should I obtain a succession certificate? for this property? Who are the natural legal heirs for my wife?

Could you please clarify?

Regards

 



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 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 January 2019

As your daughter is minor, legal heir certificate is sufficient.  You obtain legal heir certificate from the Tahsildar concerned.

Shashi Dhara   30 January 2019

For immovable property no succession certificate is needed only for movable property only.ur daughter is minor until she becomes major u is natural guArdian and u have to take care of property.ur are Lso entitled for half share in Ur wife's property So contact eminent advocate.

Shashi Dhara   30 January 2019

For immovable property no succession certificate is needed only for movable property only.ur daughter is minor until she becomes major u is natural guArdian and u have to take care of property.ur are Lso entitled for half share in Ur wife's property So contact eminent advocate.

Shashi Dhara   30 January 2019

Succession or legal certificate is only issued by competent court of law.tAhashildar or any other s issued is illegal and no value in eyes of law.

Shashi Dhara   30 January 2019

If any one is objectingthen uhave to go to civil court if no one objects then u give application with gtree to tashildar to change title to u and Ur minor daughter s name jointly.

Chidambaram   30 January 2019

Thanks all for the reply.

Actually there is no dispute or neither any one is claiming any tile or ownership. I had a loan with ICICI and the loan is now settled. When I had been to the bank to get the documents, I was told that since the property is registered in both my name and my wife's name, we have to go together to collect it. In my case as she is no more, they are asking me to come with court issued certificate. 

Shashi Dhara   30 January 2019

They are wrongly informing u ifone dies another automAticaally becomes legal heir.in Ur case Ur daughter is minor Ur hher gaurdian .minors cannot own immovable property until they atteains majority.

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