Legal heir certifdicate
kodandaramaswamyreddy
(Querist) 22 March 2014
This query is : Resolved
Dear sir,
How to obtain Legal heir certificate in karnataka and let me know the proceedure if one of the brother , entire family expired out of 5 brothers
T. Kalaiselvan, Advocate 
(Expert) 23 March 2014
Officially there is no issuance of legal heirship certificate by the Revenue department of Karnataka, you have to approach the Civil court for succession certificate.
Anirudh
(Expert) 23 March 2014
Dear Kodandaramaswamy,
You have to make an application (in the prescribed form) to the Tehasildar of your area, for grant of Legal Heir Certificate. In the application, you have to give the complete list of family members starting from father, mother, brother, sister etc., indicate their respective name, age, and their relationship with the father (viz., wife, son, daughter etc.).
You also have to indicate against each name whether they are alive or dead. If dead, you have to attach copy of the death certificate duly attested (or the original if so demanded).
After making enquiries and verification, the Tehasildar will grant you the Legal Heir Certiticate. On the basis of the said legal certificate, you can deal with the IMMOVABLE property, if any, left behind by the deceased, as per law. This will take maximum 3 - 4 months. But you have to constantly follow up with the office.
Only in the case of MOVABLE properties, i.e. bank account etc., if there is no nominee, or if the nominee has expired, you have to approach the Civil Court (in your case the District Court) for grant of succession certificate. There again, you have to indicate all the particulars as was given for legal heir certificate. You also have to pay a certain percentage of the amount lying in the bank, as court fee for grant of the succession certificate. This you have to move through a lawyer. It will take maximum 6 months to get.
Rajendra K Goyal
(Expert) 23 March 2014
A news item appeared in The Hindu few lines for reference:
The Hindu: MADURAI, February 28, 2013
Tahsildars cannot refuse to issue legal heir certificates to siblings of those who die as bachelors or spinsters by citing difficulties involved in ascertaining the genuineness of their relationship, the Madras High Court Bench here has held.
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
In Bangalore (Karnataka), the Tahsildar office (Revenue Department) issue only a Family tree(genealogical)certificate and in the same certificate it is clearly mentioned that the certificate issued by the authority should not be construed as a legal heirship certificate, hence the option is either contend with the said Family Tree certificate of apply for Successor certificate through court of law.
