Were to get the legal heirship certificate/family members surviving certificate
A.Narendra
(Querist) 25 January 2013
This query is : Resolved
sir my name is A.Narendra I am from warangal. My father had died on 26-04-2011. my father is having shares of different companies in his name and they are in the material form. now i want to transfer these shares to my mothers name. My family consists of mother,myself,brother and two sisters).
i had two queries. they are
1) for transmition of these shares to my mothers name the company is asking for the legal Heirship certificate/family members surviving certificate. i want to know were to get and how to get and how much it costs in detail please let me know.
2) my father didnot write a will for the property(house and land) which is in his name. now i want to change these property to my mothers name. myself,brother and 2 sisters are the legal heirs will agree to do so. Then what is the process for me to do it legal by law. can i know it in detail process to do.
*i got the death certificate of my father*
Raj Kumar Makkad
(Expert) 25 January 2013
File a petition seeking succession to your father on behalf of your mother including all properties and get the desired relief. Engage a local lawyer for this purpose.
Anirudh
(Expert) 25 January 2013
Dear Mr. Narendra,
You have to approach and submit an application to the Office of Local Tehasildar for getting the legal heir certificate. In the application you have to mention the names of each of the family members starting from your mother then the eldest child etc.
Against each of the name, you have to indicate their relationship with the deceased - e.g. against your mother's name 'widow', against your name - son etc.
If your father's mother is alive then her name should also be shown.
You have to attach the death certificate along with the application.
After making appropriate enquiries about the correctness of the application and the particulars given therein, the Tehasildar will grant you a 'Legal Heir Certificate'.
This certificate will enable all the persons mentioned therein (being legal heirs) to get an equal share from your father's properties.
NOW COMING TO THE SHARES IN THE COMPANIES: If you want the shares to be transferred in the name of your mother, then apart from enclosing the death certificate of your father and the legal heir certificate obtained from the Tehasildar, each of the persons mentioned in the legal heir certificate have to give a No Objection Certiticate (NOC) to the Company concerned saying that you have no objection in the shares in the name of your deceased father is transferred in the name of your mother.
Once this is done, the company will process your request and then do the needful to transfer the shares in the name of your mother.
NOW COMING TO THE PROPERTY (LAND AND HOUSE): If you (sons and daughters) want to transfer the property left by your father in the name of your mother, then all the sons and daughters have to give a Registered Relinquishment Deed in favour of your mother. This Relinquishment Deed can be a combined one (i.e. signed by all the sons and daughters) or separate signed separately by each of you. By this relinquishment deed each one of you will relinquishing i.e. giving up your interest, share in the property left behind by your father in favour of your mother.
Once such a relinquishment deed is executed and registered, then on that basis you can approach the Authorities to effect the change in the name of ownership of the property from your father's name to your mother's name.
Please remember that once the property so gets changed in the name of your mother, then she will be the Absolute owner of the property and she can do anything with it. None of you will have any right to stop her from doing whatever that she does with the property. At that time, you cannot also say that I have relinquished thinking that my mother will do this or that and since she is not doing what we thought, we want to take back. This is not possible.
Again, your mother will be having absolute right to gift the property to anybody that she wishes. You will not be able to object to that.
So keeping in view all these things, you have to proceed.
