raghavendra vm (n-a) 22 April 2015

Legal heir certificate

We are from Karnataka and my father served in Karnataka and passed away at the age of 85 years two years back, at Pune, where my brother is staying. He has not written any will. There is a bank deposit which needs to be transferred to the legal heirs.

We have executed a partition deed at Bangalore, recently. We do not have ration card.

The bank manager has informed that we need to obtain a legal heir certificate issued by the Tehsildar.

My question is as follows:

Where should we approach for legal heir certificate? at Pune or at Bangalore where I am staying. The bank deposit is at Dharwad, from where we are required to draw.

Whether the partition deed executed can be used as legal heir certificate inplace of legal heir certificate?

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3 Replies

Hardeep (Business) 23 April 2015

- place where the deceased last resided has to be approached.

- no, a partition deed is not a substitute. Unless it is based on papers which may be acceptable to the bank.

Utsav Ghosh (Advocate) 23 April 2015

Legal heir Certificate can only be obtained from the Hon'ble High Court. You need to file petition before the Hon'ble Court along with the assets that the deceased had. Incase you have any brother/Sister than details of all of them. Incase your mother is alive then her details too.

After death of your father you all shall hold rights over his property along with your mother and sister as Hindu Law allows daughters to get share in their fathers property. Under such situation file your petition along with list of assets and liabilities, if any, and only then looking into the documents the Court shall grant you heirship certificate.

Regards,

T. Kalaiselvan, Advocate (Advocate) 01 May 2015

Legal heirship certificate can be obtained from the Revenue department only and not from the court or high court. That is succession certificate. Now you have to apprachthe Thasildar within whose jurisdiction the address of your father's last residence falls. The partition deed cannot be a legal heirship certificate, it may be an evince of legal heirs, but it will not cover the names of all legal heirs should it be an amicable partition among the family members. The bank will accept even indemnity bond executed by all heirs of the deceased, enquire.