Obtaining a legal heir certificate

Sudheer (Querist) 29 November 2011 This query is : Resolved
My father was a cental govt.employee and has passed away on 01-04-1994. We are two brothers and my mother is alive. My father had a plot on his name (self earned). We want to dispose the plot now and have come to know that legal heir certificate is required for the same. what is the procedure for obtaining the legal heir certificate.

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M.Sheik Mohammed Ali (Expert) 29 November 2011
within one year of father dead, you will get directly from tahsildar, otherwise you will approach court.

Shonee Kapoor (Expert) 29 November 2011
All of you can approach registrar office, where two of the three heirs can give NoC for change of property ownership to the third, then the said person can sell the property.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate M.Bhadra (Expert) 29 November 2011
To obtain a Legal heirs Certificate there are different provision in State to State in India,in some States it can be obtained from court,in some States it would issued by the Sub-Division authority and most of the States it is declare by an Affidavit before the Judicial Magistrate.So you should contact with a local Lawyer

Rajeev Kumar (Expert) 29 November 2011
Though i am agree with kapoor and Bhadra. Sir i am a bit confused the mother is alive and as per as law she is the successor then why not all brothers give NOC and the mother will dispose the property

Raj Kumar Makkad (Expert) 29 November 2011
You all can do so but problem is you all have not been declared the only successors of deceased so you require Legal Heirship Certificate first.

So far procedure is concerned, only Bhadra has perfectly highlighted it. Follow his advice.

Sudheer (Querist) 30 November 2011
Sirs,

I Thank u all for your valuable advises. We belong to AP state. Could any one please advise whom to approach, Court or Registrar for obtaining certificate. If court, any suggestions for advocate.

M/s. Y-not legal services (Expert) 30 November 2011
there also different formalities between state to state.,

in my place the revenue department can issue that through village administrative officer.,

if there is problem mean you can file a succession o.p before the competent court.,

as per mr.bhadra advice just appoint an advocate.. he will take care of your case..