Needed legal certificate for property transfer in mumbai

The legal heir certificate has to be applied for in the office of the Tehasildar / Sub-Divisional Magistrate of the locality in which the parties usually reside. This is an ordinary Application Form to be filed along with the Photocopy of the Death Certificate (Original has to be shown at the time of verification) of the Father and Mother. They they have to indicate the name of both the sisters, indicating their date of birth, age, relationship with the deceased etc. After application is submitted, the Tehasildar will make arrangements to verify the facts stated in the application in the nearby locality. After such verification, he will issue the Legal Heir Certificate.  It will not involve any cost except nominal fee.  It will take 3 to 6 months to get the certificate (unless in Mumbai there is any other facility like Tatkal/Immediate etc. on payment of some enhanced fee).

Once the legal heir Certificate is so obtained, one of the sisters who wants to give up her share has to execute a Registered Relinquishment Deed.  This also will involve only nominal stamp duty (not the stamp duty that is normally paid on value of the property).

The party who wants the legal heir certificate have to be present in India, as when verification is undertaken their presence would be required.    Even for Relinquishment Deed, the personal presence of the party relinquishing is a must.

From your post, it is not clear whether both the sisters are having possession of the Flat in question, or somebody else is having the possession. (If somebody else is having possession, then that may pose some problem, unless the person is willing to give back possession of the property to the girls, without creating problem.)

Thank you Sir, for taking time to respond. The family is from Bangalore. So they have to apply in Bangalore? So no need to consult or take help of a lawyer?

About the relinquishing deed, it also has to be made at the same office, local (Bangalore) Tahsildar office? While filling and submitting the docs, whether these parites are needed to be rpesent or only at the time of verification? As both the daughters of the dead father are in USA. 

It is enough if they are present at the time of verification.  But, who knows when the verification process will take place.  For that purrpose, you can inform the Tehasildar concerned and request him to tell in advance, so that the party can come from USA.  Have a open talk with the Tehasildar. (Perhaps, he may even go to the extent of suggesting that the party need not be present! and he will take care!!)  Therefore, if Luck favours you, you may also be able to get the Legal Heir Certificate without the parties coming from USA.  God Bless you.

Thanks a lot for your quick reply. 
Since they lived in Bangalore, they may have to go to Bangalore to get the same as per your above replies! Now they dont have anybody to help them there as they have migrated to USA many yrs back. Is there any possibility to get this Legal Heir Certificate from Mumbai itself, from civil court, etc?

And further, as we discuss these matters, the society was preparing to put the concerned flat/office for auction as nobody came forward for so many yrs!? How to restrain them from auctioning it? The parties have informed the secretary of the bldg society that they are trying to get the legal heir certificate as they required from them. But the secretary sounds arrogant and not responding to the phone calls! Whether we should file any petition in court urgently to restrain them from going ahead with auction till we obtain the legal heir certificate? Appreciate your valuable guidance. 

Nobody has taken possession of the property! Only the former worker of that deceased man was claiming that he owed him some money and so has given him the flat to him, so he locked it. But the society has not granted him the possession of the same as he does not have any proof or docs. So the secretary in our first meeting told us to get the daughter's docs so he can transfer it into her name. But now, the treasurer is asking for legal heir certificate!

Serve a legal notice to the Housing society, and you must be willing to pay arrears of maintenance if any, to satisfy your bonafides and sincerity to the society.   The society can only auction the property for recovery of dues.  Once if the dues are paid, you can establish your sincerity, some proof, and can even request for some more time for delaying the matter, assuring that such maintenance charges will be paid in advance to them.

When a simple 'legal heir' certificate, is sufficient why that expensive , time consuming succession certificate for the present query.

Originally posted by : Ramesh Singh
	Office in Masjid area, is it Waqf property?

No.It is an individual property. 

Someone said that Tahsildar issues the legal heir certificate for govt workers!? The present case is of a private businessman owning an office in a building. 

And by the way, can we obtain it through a civil court in Mumbai? I was told it needs the owner's documents of the property which are not available with his daughters!

So the best way is to get the legal heir certificate from the Tahsildar of their town, Bangalore!?Thank you for your kind help. 

Yes. It is only to get the flat of the deceased father transferred to his daughter!

Hope the Tahsildar of their native place (Bangalore) will be able to issue it!

He was runnning some pvt transport business and had an office in a 5 storey bldg in Mumbai. 

After reading the above comments, they have asked the bldg Secretary to let them know the pending bills against the deceased office owner. The secretary promised to give on Friday!

Hope he will do accordingly so that these can be cleared, as the legal heir certificate is being applied for at Bangalore. 

Thanks for your guidance. 

Yes sir. They have already sent the documents like passport copy, other certificates and even the marriage invitation card and family photos to show her father. The soceity secretary recognized the man, the owner of the flat and expressed satisfaction but later said, the treasurer of the society wants a legal heir certificate!  

If they are from Bengaluru, where their father died, whether in bengaluru or mumbai.

If in bengaluru his death will be regd., with the registrar of birth and deaths.  From there you can obtain the death certificate of the father.  Mother's also required.

If both are died in mumbai, then along with the death certificate of both you will apply to the Tahasildar of their concerned taluk.  Tahasildar will issue survivors certificate not legal heir certificate.  That document you can produce before the society.

If original property documents are not available then ask the society when the said property is regd., With that date you apply for the certified copy of the sale deed to Registrar of Taluka to get the property regd., sale deed.