Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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anam   29 January 2018

Legal heir certificate

hie, My father died in 2004 and my mother is a joint owner of our flat now she wants to sell the flat.We are 5 siblings but now the buyers bank is like that they want legal heir certificate for the same from all of us.. So pls tell me how could i obtain that and how many days it will require? pls tell me whether it is compulsory to obtain as my father was a non government employee??


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 4 Replies

Kumar Doab (FIN)     29 January 2018

It is believed that you are all Hindu and Hindu Succession laws/rules shall apply in this case.

Confirm!

Kumar Doab (FIN)     29 January 2018

In case of death of owner/family head one should get two docs ; Death Certificate, Legal heir Certificate for future use and reference in all matters….

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for matters , If NO WILL has surfaced ; …….’Intestate Succession’ and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence), are basic requirements.

The authority shall update share as per provisions of decree in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.  

 

The nature of property that devolves by inheritance is; self acquired.

The owners can dispose the self acquired estate/property.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

If you are all Hindu, the certificate shall bear names of all legal heirs….

The Bank seems to be right and has asked for simple procedure…….

Kumar Doab (FIN)     29 January 2018

Hope you have heard it right that at your location Legal Heir Certificate is issued and is required……or some other certificate is required and is in practice….

Since you have posted that ‘whether it is compulsory to obtain as my father was a non government employee??’

Such certificate is required for deceased owner irrespective of he/she is govt employee or not!

The legal heir certificate is issued by O/o Tehsildar………………even if the deceased owner was not a Govt. employee……In many states the e-process/digital process for application may be available. For TAT/Time required you can check with concerned office…..It is felt that IT may take 30days……min.

In some states such certificate in practice might be termed as Family heir certificate….or LoA may be required…………

Or said certificate might be issued from Distt. Courts…..

Or Succession Certificate may be required from Civil Courts…..

Or you may try at native place/village of deceased…..

Check locally at your location/state which authority/office shall issue such certificate, as in practice at your location …...

The buyer’s Bank’s lawyer or your own lawyer or O/o Authority under whose jurisdiction property falls can also update you.

Or inquire in O/o Tehsildar or authority that issues such certificate…

Or Google search ….

SHIRISH PAWAR, 7738990900 (Advocate)     29 January 2018

You have to take legal heirship certificate from court. It is prescribed under law to take legal heirship certificate and 2 months may be required for the same. If you are in and around Mumbai you can contact me.


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