Is legal heir certificate required?
RAKHEE
(Querist) 19 February 2013
This query is : Resolved
Mr A died in 2012 leaving behind his wife with 2 married daughters and 1 married son.
He has three properties in diff cities as below:
City 1. House jointly owned by daughter, wife and deceased father
City 2. Plot owned by deceased father alone
City 3. Plot owned by deceased father with 2 friends
City 4. House & Agricultural land owned by deceased father with his sister.
THERE ARE NO DISPUTES BETWEEN LEGAL HEIRS TO TRANSFER ALL PROPERTIES IN NAME OF WIDOW WIFE AND SON.
My queries:
1. Is legal heir certificate required in this case? Does it cover all properties in single certificate? Can it be issued in any one city?
2. Are there any special requirements for property co-owned with friends of deceased person?
3. Are there any special requirements for property co-owned with sister of deceased person?
prabhakar singh
(Expert) 19 February 2013
City 1.When the house was owned by daughter, wife and deceased father,and share of deceased id is not allocated presumption would be of 1/3 rd in which daughter, wife and son shall share in equal ,that is 1/9 each,provided mother of deceased is has not survived him.
City 2. Plot owned by deceased father alone then 1/3 rd in which daughter, wife and son shall share in equal provided mother of deceased is has not survived him.
City 3. Plot owned by deceased father with 2 friends,then deceased had 1/3 rd ,if share undefined,in which daughter, wife and son shall share in equal provided mother of deceased is has not survived him.
City 4. House & Agricultural land owned by deceased father with his sister.
The share of deceased if undefined would be 1/2 in which daughter, wife and son shall share in equal provided mother of deceased has not survived him;that is 1/6 each.
APPLY A HEIR CERTIFICATE IN RESPECT OF ANY OF PROPERTY AND AFTER OBTAINING THAT APPLY
FOR OTHERS TOO EVIDENCING ONE OBTAINED.
RAKHEE
(Querist) 19 February 2013
Thanks sir.
Can you please clarify if legal heir certificate is different for each property or is a common certificate stating names of heirs?
prabhakar singh
(Expert) 19 February 2013
LEGAL HEIR CERTIFICATES ARE ISSUED BY TEHSILDAR/SDM IN WHOSE JURISDICTION PROPERTIES SITUATE,ONLY THEN MUTATION CAN GO,HENCE IN MY VIEW REQUIRED IN EACH OF THE JURISDICTIONS.
RAKHEE
(Querist) 19 February 2013
thanks.
can the heirs get names transfers done using a release deed or gift deed instead of legal heir certificate?
Raj Kumar Makkad
(Expert) 20 February 2013
Legal Heirship Certificate and gift deed or release deed are not one and the same documents rather legal heirship certificate is just for the recognition means relationship with the deceased and on the basis of that document, further action qua release deed or gift deed can be taken.
In the given case, a family settlement is the best option.
