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jayaramesh (SSE)     12 October 2009

clrification on legal heir certificate or family members cer

Hi sir this is ramesh, we r three members 2 brothers and a sister we want to give our sister the land of 400 sft in hyderabad for her marriage  as a gift or pasupu kumkuma ,

The land is in the name of  my father and mother, my father expired some 5 years back, we have the DC(Death certificate) of my father , Is it enough for giving my sister gift,

i have consulted document writer for registration as a gift to my sister,  they asked me to get my father DC along with Legal heir Certificate , we have not taken Legal heir Certificate up to now

my queries r

1)how to get legal heir certificate or family member certificate

2)how much time it will take in MRO office

my father was a production manager in private company, he was resigned and was un employee at the time of his death,

please tell me the further steps for me to fallow

 

waiting for u reply

 



Learning

 11 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     12 October 2009

Dear Jayaramesh,

As per me and my knowledge, in andhra Pradesh, specially at Hyderabad, Mandal  Revenue Offices are not providing Legal Heir/Family Member Certificates.  Simply they are asking to approach to Civil Court for the said Certifcate.

Therefore,  (i)  first approach to the Concerned MRO either where the Property is situated or the concernd MRO of your native Mandal  and then (ii) to your Lawyer, if court proceedings necessary for issuance of  Legal Heir/Family MemberCertificate. 


(Guest)

Dear Jayaramesh ji,

You can get legal heir certificate from Tahsildar office.

If your father written a WILL you have to get legal heir certificate from the Court.

ANISH JAIN (LAW OFFICER CHAMBER NO. 241 YADAWINDRA LAWYERS COMPLEX DISTRICT COURTS PATIALA-PUNJAB-147001 PHONE NO. 09815803903 0175- 2220053)     12 October 2009

 Dear Jayaramesh,

you can approach your concerned Municipal Councilor or Sarpanch and can obtain pedigree chart of your family attested from him and attach a legal opinion with that and then submit it to the MRO

it may work but they (MRO Officials) may ask for indemnity bond also

try it 

best of luck

Khaleel Ahmed (Legal Advisor)     15 October 2009

The tahsildar MRO will issue legal heir Certificate after thorough inquiry. For succession you have to approach Civil Court.

J. P. Shah (RTI & CONSUMER ACTIVIST)     17 October 2009

Legal heir certificate declares who are the legal heirs of the deceased eg names of spouse, sons, daughters, brothers, sister etc as per Indian Succession Act and in Gujarat it is issued by Mamlatdars [based on report from village officer, who usually prepares a Panchanama and base it on locan enquiries]. Succession certificate is issued by competent Courts at District level. Legal heir certificate does not include property details. It states only legal heirs. In succession certificate Court includes property as well as names of the persons who are entitled to such properties or part thereof. 

Adinath@Avinash Patil (advocate)     25 October 2009

1] for legal heir certicicate you to file application in civil court.

2]it will take 8 to 12 months time.

3] in my opinion tahsildar or any revenue officer have no right to issue legal heir cetificate.

Santosh (Senior Software Engineer)     25 May 2011

Hi All,

I have a similar situation..!

Background to my questions:

My name is Santosh and we have a house at Visakhapatnam, Andhra Pradesh. My father has expired in December,1997 and the property is still on my father's name. Currently my Mother and Sister are staying at Visakhapatnam and I am working in an MNC at Hyderabad.

We are planning to demolish the exiting house and constuct a new one. I draw an annual salary of 5,50,000 PA and would like to apply for loan.

Problem:

1) As the property is on my father's name, the bulider is asking us to get a possession certificate for Plan/Loan approvals etc;
2) And some of our close relatives advised to get a Legal Heir which can help solve all problems pertaining to the property on my Father's name;

Please advise which one of the above can help us from all problems, the process to get them.

Thank you,
Santosh.

George (Architect)     06 March 2013

Hi Santosh,

I am in a similar situation as yours with regard to the property on my father's name, Can you let me know what is approach you took to get plan approvals

 

Thanks,
George

Jagannadha Rao Eluri (Consultant)     26 August 2015

Hi Santosh, I would like to know how you have solved your issue/requirement? Did you applied for Legal heir certificate in court? If so how much time and effort it took? Or got Family membership certificate issued by MRO? how much time and effort required in this case? 

Regards

Markandeya raju   05 February 2016

It is compulsory to claim anything which belong to the deseased. Movable properties= sucession certificate Immovable propeties= legal heir. If the deseased is a govt employee MRO will isue the same . if not have to file suit for the same before court feel free to call 9966997614 for more info- Adv. Markandeya Raju

Markandeya raju   05 February 2016

It is compulsory to claim anything which belong to the deseased. Movable properties= sucession certificate Immovable propeties= legal heir. If the deseased is a govt employee MRO will isue the same . if not have to file suit for the same before court feel free to call 9966997614 for more info- Adv. Markandeya Raju

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