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B JAYACHANDRAN (ENGINEER)     14 July 2014

Legal heir certificate

My father expired an year back. Our 15 year old car is now due for renewal of registration. On contacting RT office, by my mother 80 yrs old, they demand a legal heir certificate from a civil court. My mother possesses a registered will written by jointly by my parents state that our belongings and properties will go to the survivor if one expires. We three children are not having any dispute regarding the transfer of ownership. My mother started getting family pension of my father. Now she is unable to use our car as its registration is expiring in this week.

Is it really required to produce a legal heir certificate in this case just for renewing the registration? If yes, which court should I apply? How difficult to get this?

 



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 4 Replies

Dr J C Vashista (Advocate)     15 July 2014

RTO is correct, it require succession certificate from the city civil court.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 July 2014

succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.


T. Kalaiselvan, Advocate (Advocate)     16 July 2014

A legal heirship certificate issued by the Revenue Department will be able to solve the issue along with a NOC from all other legal heirs of the deceased in registering the car on your mother's name.  Try to get the same and approach the RTO office, if they still insist a succession certificate, you may have to contact a local lawyer to obtain the same from a court of law.

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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