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M. TAMIJUDDIN   16 March 2022

Legal heirship

Gentlemen,

First of all, thank you one and all for allowing me to become a member of your esteemed website.  I could see a lot of people get useful information from your goodselves.

Well, I write to explain my problem.

My father has died in 1998 and my mother in 2004. My father's death was not registered properly with the concerned authorities. Only our local Mosque administration has issued the death certificate.  My mother's death was promptly registered and I have with me her death certificate issued by the relevant authorities. I am the one and only son of my parents. No sisters or brothers to me.

In 2009, the Collectorate in Vanur, Villupuram District, issued me a legal heir certificate, but it is mentioned in the certificate, that it is issued only for name transfer for Indane Gas Cylinder.

I have been paying Property Tax, Water Tax and Electricity Bills even before the death of my mother.

My problem now is how to obtain a new legal heir certificate in my name which I could use in obtaining a Patta to the land in which our house is built and we are living in it since 1968.

Hope I have give maximum information and I request you, gentlemen, to give a solution to my problem

Thanking you again

M. TAMIJUDDIN, Kottakuppam, Villupuram Dist Tamil Nad

 



Learning

 1 Replies

Palak batra   20 March 2022

Dear Querist,

 

Thanks for contacting us. 

 

Once a death certificate is obtained from the municipal corporation, the legal heir can apply for the legal heir certificate to claim their right over the assets of the deceased person. 

 

The legal heir certificate can be obtained by approaching the area/taluk Tehsildhar, or from the corporation/municipality office of the respective area, or from the district civil court.

 

The main documents needed are -

1. Xerox copy of the first and last page of the ration card

2. Affidavit duly affirmed on stamp paper of Rs.20/-

3. Death certificate

4. Service record from the office of the deceased employee

 

The process of obtaining a legal heir certificate are stated below:

The legitimate heir of the deceased person must visit the appropriate authority listed above and seek an application form for the legal heir certificate application. This requisite application must include the names of all the legal heirs, their relationship with the deceased and addresses of the family members. This has to be filled up signed and submitted.

All the required documents including the death certificate of the departed person should be attached to the application. 

An affidavit on stamp paper or self declaration needs to be submitted along with the application.

Revenue Inspector/administrative officer conducts an inspection and completes the enquiry. Authorities after receiving the application will check the attached documents and details. 

If all are in place, they will make entries in their registry and provide you a record number for reference.

Tehsildar will assign the application for further processing to the Village Administrative Officer (VAO) and Mandal revenue officer (MRO) OR the authorities concerned. There will be a ground level verification and scrutiny of the documents submitted by the above authorities. 

Enquiry will take place for the verification by the local revenue officers as well as village administrative officials. Generally, a statement by the administrative/gov employee who is known to the dead person and his/her family will be registered in the application form. After the verification, the officials will submit their report in the prescribed form.

Once the verification is over, these revenue officer and village administrative officials will submit their report in due form to the Tehsildar to decide and issue the certificate to the applicant with the names of all legal heirs of the deceased. 

After the enquiry is completed successfully, the authorized officer issues the legal heir certificate. Applicant will get the certificate after due verification.

 

After the due enquiry, based on the report presented by the revenue officer and village administrative officials the certificate will be issued by the competent authority in which names of all the legal heirs will be mentioned.

 

The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should then approach the Revenue Division Officer(RDO)/sub-collector or Tehsildar.

 

Regards,

Palak


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