sunithasai2000@yahoo.com (sunithasai2000@yahoo.com) 22 April 2011

Legal Heir Certificate

Sir,

My father died in 2003 leaving behind my mother, me and my two married sisters. One sister is in Vizag, A.P. and the other sister is in USA.

He had one house at Hyderabad which is self acquired. He did not leave any will.

So far we have not taken any legal heir certificate.

My mother had gifted her share in the property by registering the gift deed in 2005.

Now my sister at Vizag is willing to gift her share to me.

What is the procedure?

Both the sisters have children of more than 18 years of age. Do they have to give no objection certificate for this gift deed.

I heard that without legal heir certificate gift deed is not valid.

First do I have to get the legal heir certificate and then register the gift deed or first I can get the gift deed registered and later apply for legal heir certificate.

As the other sister is in US what is the procedure for getting gift deed from her.

Also advise for applying for legal heir certificate whether all the legal heirs have to sign the application or only my mother can apply showing the names of other legal heirs.

In case all the legal heirs have to apply then how may sister in US can apply?

Please clarify all my doubts.

B B Setty

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5 Replies

A V Vishal (Advocate) 22 April 2011

Also advise for applying for legal heir certificate whether all the legal heirs have to sign the application or only my mother can apply showing the names of other legal heirs.

In case all the legal heirs have to apply then how may sister in US can apply?

Ans. In A.P Legal Heirs certificate is given only in case of deceased government employees to claim death benefits by the heirs.

There are other ways to mutate the property onto your name. Are you from Hyderabad?

adv. rajeev ( rajoo ) (practicing advocate) 22 April 2011

You can do one thing file a suit for partition and seperate possession because there is no will nothing by your father. Then make a compromise and get the comrpomise decree. After that you can get enter your names to the properties and then you can do anything. No need of succession certificate by anybody.