legal heir
kavita
(Querist) 15 October 2010
This query is : Resolved
Hi!
My uncle expired w/o leaving a will and he ran a proprietary businees.
We need to get the bank a/c and proprietership transferred to my cousins name..
i am receiving misleading information from many people. , can you please let us know the right process. and time and amount of money we need to spend.. as she is still studying and we do not want any harm to come to her at later stage.
thanks
kavita
R.Ramachandran
(Expert) 15 October 2010
Dear Kavitha,
The legal heirs have to make an application to the Tehasildar of the area, (along with a copy of the Death Certificate) requesting for grant of legal heir certificate.
Whatever property (whether it is house, business, bank account, jewellery, money etc.) will have to be shared equally by all the legal heirs.
In case you have any further query, please feel free to ask, and we will certainly guide you.
Devajyoti Barman
(Expert) 15 October 2010
The authority giving the succession certificate depends upon the area from where the applicants hail. Generally it is the court of the ld. District Delegate/District Judge which issues the Succession Certificate to the legal heirs of the deceased who applies for the same on the basis of which they could lay their claims upon the movable property of the deceased.
Manish Singh
(Expert) 15 October 2010
if you wnat your shares also to be transferred to her name, then relinquish all your shares in her favour.
also since she is a minor, appoint a guardian =for her.
otherwise you can make a private trust and appoint some trustee and make a condition in that trust that all the properties shall be made transferred to her after attaining the majority.
kavita
(Querist) 15 October 2010
Sir,
Thanks,
But how to locate which tehsildar office and What is the process / time / fees we will have to pay at tehsildar ofc.. do we have to get succession certificate also?
Thanks
kavita
adv. rajeev ( rajoo )
(Expert) 15 October 2010
Only you can obtain the legal heir certificate from the Tahasildar, but you cannot get a permission to operate or withdraw the amount from the deceased's bank amount,, money, etc., because it requires probate and succession certificate from the cope tent court.
kavita
(Querist) 15 October 2010
Sir,
No not solved..
so do we need the legal heir and probate and succession certificate? all reqd?
pls guide me about the process / time/ money reqd for these.. as ppl are saying 75k...
If yes then i need to know the process of probate n succession certficate also.
thanks
niranjan
(Expert) 15 October 2010
If you have details of bank accounts which are in your firm/uncle name and if you have passbooks etc.then you will have to get succession Cert.from the court.On the strength of that cert.your cousin will be able to withdraw that money and put in her name and then you can change the name of your firm if you want to and inform the concerned authorities.
Nu.Delhi.Law.Fora.
(Expert) 17 October 2010
Dear Querist,
For Delhi, its Municipal Corporation (MCD) which issues death certificate. As already advised elsewhere in the forum, legal heir certificate can be obtained from the Tahasildar, as the case may be, but that would permit you/your cousin to operate and/or handle the account of your deceased uncle's bank accoun. You require to obtain a succession certificate from the District Court.
Trust this would suffice.
Thanks & regards.
Rabin Majumder
Advocate & Attorney
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001
Email ID: nudelhilawfora@gmail.com
Sri Vijayan.A
(Expert) 18 October 2010
Dear Kavitha,
In ur question, there are two parts.
1. To transfer the amount from bank account to ur cousin
2. To transfer the immovable property to ur cousin
I try to give the answers.
1. Normally, the amount shall be paid to the nominee of the account holder. If he had not appointed any nominee, the legal heirs shall be paid in equal share or per stripe basis.
2. To prove the legal heirship, you have to apply to Tahsildar of your taluk. Regarding the Taluk office and the address, you have enquire with the local people.
3.If more than one heir are there, and all of them want to assign their right to any one, they can give affidavit/ power and get it attested by a notary.
4. Regarding Affidavit/ power/ indemnify, format can be available from the bank concerned.
REGARDING IMMOVABLE PROPERTY
1. if only one heir, there is no need to transfer any thing, the legal heir certificate itself is enough to prove the ownership.
2. If more than one heirs and want to transfer to only one person, all the person can execute relinquish/ release deed and get it registered.
3. Regarding the deed, please contact a local lawyer.
REGARDING FIRM
the same procedure for immovable property
Manish Singh
(Expert) 18 October 2010
Dear Ms Kavita,
as per my understanding I think you cousin is the daughter of the uncle who got expired.
Is it correct ? please let me know.
