Query on Legal Heir
Muralidharan
(Querist) 18 April 2011
This query is : Resolved
Dear Members
One of my friend had died about three weeks back leaving his wife and only daughter. My friend had acquired a flat at Chennai and had availed bank loan for acquiring the same. According to his wife my friend had insured the loan amount. Hence I presume that the balance loan amount would be settled by the insurance company to the bank directly. I have asked the wife of my friend to check with the bank about the same.
My friend was working in a private company which has PF and gratuity facility. My friend was also having a savings bank account.
My query in this connection is as follows
(1) Who would be the legal heir of the flat (both wife and daughter or only his wife)
(2) What are the steps to be taken by his wife to change the name of owner of the property. Does any document need to be executed and registered.
(3) What are the steps to be taken to claim the PF and Gratuity.
(4) Is any legal heir certificate has to be obtained by his wife & daughter. If so from whom such certificate has to be obtained.
(5) How to claim the SB account balance from the bank and close the said account.
with regards
Muralidharan
R.Ramachandran
(Expert) 18 April 2011
Dear Mr. Muralidharan,
You had earlier asked a query in connection with a PLOT of land. Refer http://www.lawyersclubindia.com/experts/Title-of-Property-of-deceased-person-173886.asp
Now, for the same friend, I suppose, you are asking this query with reference to a FLAT (not PLOT).
Glad that you state that the Flat is in the name of your friend. Therefore, upon the demise of your friend, the legal heirs are his wife and daughter.
For getting the property in their names, they have to apply for legal heir certificate to the Tehasildar office concerned, by attaching the Death Certificate.
After verifying the veracity of theclaim, the Tehasildar will issue 'Legal Heir Certificate'.
On the basis of the said certificate, the name of your friend's wife and daughter will be mutated.
The SB Account balance can be claimed based on the Legal Heir Certificate.
Similarly, after obtaining the LEgal Heir Certificate, they can apply to the Office where your friend was working, claiming the PF and Gratuity amount. While the gratuity amount would be paid by the office directly, the PF Claim form would be forwarded by the office with their comments/recommendations to the Regional PF Commissioner's office for settlement.
