Heir certificate
vwxyz@rediffmail.com
(Querist) 29 July 2013
This query is : Resolved
Dear Panelists,
I am in Chennai. My parents died recently. They have certain landed properties and house in their name. Now I want to apply for heir certificate. Do I need to mention the details survey number, extent , location etc. in the application form. I am also told that the copy of all the documents for the properties are to be attached to the application. Is it so??. I smell that based on the properties they may demand bribe to complete the job. Kindly guide me if the enclosure of document copies are a must, or they want them for their guidance for income??
Kindly guide.
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
Heir certificate has nothing to do with properties.
Just apply in the Tahsil office for heir certificate. NO need to mention about the properties.
Advocate Ravinder
(Expert) 29 July 2013
You are mistaken. Legal heir certificate is nothing to do with your landed properties as well said by Dr. Jyoti vishwanath. It is meant for to withdraw pension amounts and some govenrmental and service benefits.
You have not stated for which purpose you need the legal heir certificate. If you want to sell the properties to third parties, you can directly sell. But some purchasers insist for some sort of certificate. Then you have to file title declaration suit in the civil court and get the decree.
vwxyz@rediffmail.com
(Querist) 31 July 2013
I Thank the panelists for their replies. As regards the purpose of heir certificate,we are 3 children for my parents, and I am told that I have to apply for heir certificate mentioning that we 3 are heirs for the property and thereafter to divide among ourselves. When i approached the local Tahsildar office I am asked to attach the copy of the documents with application. That is the reason for my query.
Kindly clarify in the light of the aboe explanations
Advocate Ravinder
(Expert) 31 July 2013
As I already explained you that the cert issued by Tahasildar will be useful only for pension and some govt benefits only.
If you want to divide among yourself, there is no need to take any certificate. You can directly execute registered partition deed and register in the sub registrar office. I think the stamp duty is 1% of the market value.
