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Sanjaci (SSE)     30 August 2012

Legal heir certificate

My husband died in an accident in Sept'2011. We need legal heir certificate for the third party insurance claim.

My husband's  death certificate has the address in chennai where we were residing during his death. He has only passport as proof of identity which consists of his home town's address which is the same as ration card.

Will there be any issues in getting the legal heir certificate with different address in death certificate, if so will the Taluk office accept an affidavit saying that he was residing in that address during his death.

In addition to that, can I obtain legal heir certificate in chennai itself, or is it possible to get only from his home town.

Kindly  clarify.



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 August 2012

legal heir certificate will get from his own town only since address proof as per ration card.

Sanjaci (SSE)     30 August 2012

Thank you for your reply Sir.

Since the death certificate contains the address in which we were residing. Husband name is still under his father's ration card, we dont have a seperate ration card. Ration card's address and my husband's passport address are same and home town's address(not chennai). In that case, is there any difficulty, will the VO or Tasildar not issue the legal heir ceritificate.

Kindly clarify.

Atul D Suryavanshi (Attorney - JC Law Firm)     30 August 2012

 

Madam,

 

First make sure what you want  - either Legal Heir Certificate or   Sucession Certificate. Though it looks similar and widely used as unternative, both are different in nature. Legal Heir Certificate is the mere declaration of Person who can claim the sucession but may not be necessorily sucessor and in Sucession Certificate court declares the  actual sucession to the property of deceased. 

 

For Legal Heir Certificate you shll apply to the Court under  whose jurisdiction you have residence (as  per your said documents it is his hometown) and for getting succession Certificate you shall apply to the District Court under whose jurisdiction either he had residence or Property for whom you are applying to get sucession.

 

If your husband's property ( immovable or movable) is in Chennai  then you can applyto District Court of Chennai under Indian Succession Act..  Even  Tahsildar can issue certificate but its validity can not be guranteed. 

 

Hope it will help you.

Feel free to conatct if further  help is required.

 

 

Regards,

Atul Suryavanshi

Managing Partner

  JC Law Firm

Mobile- 09923552956

Email: atul@jclawfirm.in

Sanjaci (SSE)     31 August 2012

Sir,

Thanks for the update.

I need a legal heir ceritificate. I have a 20 months old daughter. My husband's parents are still alive.

So who all will be included in legal heir certificate and on what priority.

As you said if we can get it from "Court under  whose jurisdiction you have residence (as  per your said

documents it is his hometown)", what are the documents needed for getting that, will there be any issue if in

case Death certificate consists chennai address.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 September 2012

Residential proof is needed so residential address is required for issue of legal heir certificate. Death certificate address is not consider

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

v sivakumar   03 April 2016

My wife has expired in 2015.  We are unable to get legal heir certificate.  We have all documents like passport,pan card,voters I'd card and aadhaar card in the name deceased.  The issue is the ration card which is not in active status since we have shifted to thoraipakkam from Ashok nagar. All her documents consist of the old address.  But my aadhaar and bank accounts are in new address.  I am being told go to old address and when I go there, they tell go to the new address.

 

how to get legal heir certificate in these circumstances.  Please clarify


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