Succession letter

sandesh (Querist) 19 March 2023 This query is : Resolved
Sir

My father got expired in feb 2022 he got agriculture land on his name. We are one brother and two sister. We had applied to transfer the land on all three of us name as mother expired along ago with all the necessary documents
The property is in Rajasthan i live in Mumbai sisters are in delhi the Tahsildar of Rajasthan said I will write a letter to rahilsdar mumbai after all enquiry will transfer the land to ur name. Now the tahilsadar of Mumbai is asking for succession letter.

Succession letter is compulsory?
What is the alternative and other ways to get property on our name because succession is long process and expensive

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A user is seeking to transfer agricultural land in Rajasthan inherited from their father. The Rajasthan Tahsildar has requested a succession letter, but the user believes this is a lengthy and expensive process. The discussion clarifies that a succession certificate is typically for movable assets, while an heirship certificate, issued by the Tahsildar after an inquiry, is more appropriate for immovable property transfers. The jurisdiction for issuing this certificate should lie with the Tahsildar in Rajasthan, where the property is located, even if the heirs have Aadhaar cards from Mumbai or Delhi.

kavksatyanarayana (Expert) 19 March 2023
The succession certificate shall be obtained from the court of law.

Advocate Bhartesh goyal (Expert) 19 March 2023
Succession certificate is issued by authority to a person for the purpse to collect deceased securities and debt ( movable ) due to him and not for immovable properties .Tahsildar can't ask succession certificate of deceased but can enquire about legal heirs of deceased and ask for heirship certificate.

sandesh (Querist) 19 March 2023
Heirship certificate and succession is same

sandesh (Querist) 19 March 2023
In Mumbai tahilsadar asked to present succession certificate

kavksatyanarayana (Expert) 20 March 2023
Legal heir certificate will be issued by the Tahsildar and the succession certificate/letter shall be obtained from a court of law.

P. Venu (Expert) 21 March 2023
With the demise of the father, the property has devolved upon the legal heirs i.e. you and the sisters. The local Tahsildar is to carry out the mutation in revenue records after conducting local enquiry. The Tahsildar (or the Mamledar) in Mumbai has no jurisdiction over the matter.

K Rajasekharan (Expert) 21 March 2023
I am providing links to two of my articles on this issue, for better understanding and the first one is at https://lawwatch.in/law-relating-to-succession-other-certificates/

K Rajasekharan (Expert) 21 March 2023
The second one, based on Kerala statute, is at https://lawwatch.in/legal-heirship-certificate-not-meant-for-property-transfer/

T. Kalaiselvan, Advocate (Expert) 22 March 2023
The Tahsildar at Rajasthan has no business to refer the matter to Mumbai Tahsildar.
The property is located at Rajasthan.
If your father is reported to have died at Rajasthan then the jurisdictional tahsildar himself can issue the legal heir ship certificate after proper enquiry.
You are either no coming with proper details or trying to pass your time in the name of an irrelevant question. The Tehsildar is not the final authority, if he refuses to furnish the legal heirship certificate then you can always prefer an appeal before the district collector and get your grievances redressed.
What is the reason that you were made to approach Mumbai tehsildar?
You can come out with the details so that you can get proper opinion

sandesh (Querist) 22 March 2023
Thanks T. Kalaiselvan sir

But the tahilsdar in Rajasthan say that their aadar card is of mumbai and delhi so i have to carry this process I will write to tehsildar in Mumbai for future enquiry of heirs after that i will receive any msg from them then only I will transfer land on theri name

My father and we use to live in Mumbai all documents are of Mumbai father expired on hospital in Rajasthan

kavksatyanarayana (Expert) 30 March 2023
Yes. The Tahsildar at Rajasthan shall give a legal heir certificate and if he does not give it, you may approach the District Collector concerned.

sandesh (Querist) 22 April 2023
T kalaiselvsan sir
First of all m not here for any time pas sir
The question is put here for proper guidance has we are being harassed the tehsildar is not ready to transfer after producing all the necessary documents.

P. Venu (Expert) 23 April 2023
"First of all m not here for any time pas sir" What is the relevance of this remark?

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