Legal heir certificate/ surviving member certificate

kungfu189 (Querist) 25 October 2017 This query is : Resolved
My parents passed away over a decade ago. My father passed away first and my mother also died two years later. MY sister and I are the only heirs. My father had a self acquired property in East Delhi. It has been mutated in my sister and my name. A lawyer recently advised us to go for a legal heir certificate also. On checking further, I was told that the legal heir certificate is called the surviving member certificate in Delhi and it is issued by the SDM of the area. Is this correct and should I apply for the surviving member certificate (the forms are available online) or are these two separate certificates?

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Ms.Usha Kapoor (Expert) 25 October 2017
DIFFERENCE BETWEEN SURVIVING MEMBER CERTIFICATE AND A SUCCESSION CERTIFICATE

The purpose served by both the certificates are similar.But, the issuing authorities of these certificates are different . Both of these certificates are beneficial in establishing the legal heirs of a family .Please click the following link for further information on this issue.
https://www.lawsolva.com/blog/surviving-member-certificate

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Ms.Usha Kapoor (Expert) 25 October 2017
If you appreciate my answer please give me likes.

Rajendra K Goyal (Expert) 25 October 2017
You should apply for separate certificates i.e one after demise of father and another after mother.

Kumar Doab (Expert) 26 October 2017
Check your own files.
You might be already having the requisite certificate.
Since the authority under whose jurisdiction property falls has a set procedure; ‘Intestate Succession’ for which requisite forms, death certificate, legal heir certificate is usually required.
Since the mutation has been done in your and your sister’s name; you might have submitted the certificate.
Why did the lawyer ask to obtain the certificate?
Is there any particular issue?

Asgher Mahdi (Expert) 31 May 2018
what has been told do it.

Guest (Expert) 01 June 2018
A case of digging of the old abandoned grave!

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