Legal Heir Certificate

Chandan Garg (Querist) 23 March 2010 This query is : Resolved
An employee from Raipur , sent by company on 6 month training to south africa. he died there.
now the bank of south africa wants legal hier certificate for tranmission of money.

please tell which court would have jurisdiction to issue that certificate and what will be the procedure.

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Prakash Yedhula (Expert) 23 March 2010
You need to approach the revenue department for legal heirship certificate. Only to obtain succession certificate you need to approach the court.

Chandan Garg (Querist) 23 March 2010
please tell under which act or law a legal heir certificate is made

Daksh (Expert) 23 March 2010
Dear Chandan,

Kindly let us know whether the Company which has sent the employee to South Africa is registered in India or not. If it is an Indian Company subject to Indemnity to the Bank it can represent to Bank to release the funds. Alternatively the succession certificate will be required.

Best Regards

Daksh

Vinod kashyap (Expert) 23 March 2010
The revenue authority may issued legal heir certificate under revenue law or you may get succession certificate from court of District Judge under Hindu Succession Act.

Parveen Kr. Aggarwal (Expert) 23 March 2010
Mr. Vinod Kashyap,

Under the Hindu Succession Certificate, there is no provision for grant of succession certificate by District Judge. However, Succession Certificate is issued under the provisions of the Indian Succession Act, 1925 and that too only in respect of debt or security pertaining to a deceased.