Need of legal heir certificate
Adv. Mandar Pimpalkhare
(Querist) 12 October 2015
This query is : Resolved
Good Morning Experts/Seniors
My querry is that is there any need to take legal heir certificate for a plot jointly owned by brothers with separate dwelling house standing on it and both have executed a WILL, bequething the rights of property to their spouce respectively. and what will be the procedure for muatation is it necessary to have legal heir certificate by both legal heirs for mutation process.
kindly guide
thanking you
Mandar Pimpalkhare
Advocate Ravinder
(Expert) 13 October 2015
Yes, for mutation of you and your brother name in the Municipal records, you need death certificate of your father and legal heir certificate issued by competent authority.
Rajendra K Goyal
(Expert) 15 October 2015
The property need to be mutated first.
Adv. Mandar Pimpalkhare
(Querist) 16 October 2015
rajendra sir
whether attaching copy copy of WILL can mutation is possible as client is personally approached for mutation process where he is being directed to take legal heir certificate first. And now legal heirs of both deceased person wants to subdivide the said plot in their respective names.
kindly guide
thanking you
mandar pimpalkhare
T. Kalaiselvan, Advocate
(Expert) 19 October 2015
If the Will is an unregistered document, the revenue authorities may insist on legal heirship certificate or to get the will probated by court of law.