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Vishal Agarwal (OWNER)     05 March 2013

Legal heir certificate

 

hello,
my father expired five years back,, he has deposited some money in his bank's savings account,,but the account is without the nominee.
now when i want to claim the money,,the banker ask me to get the legal heir certificate.i want to know,how is it possible for me to get the legal heir certificate to the earliest.and what is the procedure to get the legal heir certificate.how much will be the expences.please send me the COMPLETE details


Learning

 19 Replies

Daksh (Student)     06 March 2013

Mr.Vishal,

Go and get the bare act of Indian Succession Act and peruse the same.  For getting succession certificate petition needs to be filed in appropriate court having jurisdiction along with detailing the particulars of legal heirs and property details.  For further details contact an Advocate.

Best regards

Daksh

Balaji Bakthavathsal (+919444448455)     14 March 2013

You have not mentioned the place you belong. If you are from Tamil Nadu, it is so simple. You have to approach the Thasildhar of your area and request through an application to issue the legal heir certificate alongwith some documentary evidence to show that you are the son of so and so. The Thasildhar will depute a Revenue Inspector who will enquire the nearby residents and neighbourers to ascertain the fact and then finally you will get the Legal Heir Certificate. Here, I just to want  share my experience in fighting against a legal heir certificate which was illegally issued. For a person who died in the year 1984, a legal heir certificate was issued in the same year including his first wife's children as well as second wife's children. Again in the year 1988, another legal heir certificate was issued by the very same Taluk office, but this time excluding the first wife's children and the most important thing is WITHOUT cancelling the previous one or mentioned on the newly issued on stating that it is an amended version. A third one was obtained well after 23 years i.e. in the year 2007 again by the very same Taluk office and this time it included the first wife's children and also the name of the grandfather of the dead person. The address given by the applicant who sought the legal heir certificate was false and the applicant did not enclose any legal heir certificate to prove that the dead person is the grandson of  xyz.... Just to grab the property, a false legal heir certificate was obtained by the fraudulent person and the Revenue Officials, simply issued the legal heir certificate, even without verifying the address given by the applicant. I had to fight for three years to get the legal heir certificate issued fraudulently which included my grandfather's name just to grab my grandfather's property. This I just want to share with the other members to caution them.

Thanks & Regards

Balaji 

Vishal Agarwal (OWNER)     19 March 2013

hello mr. balaji,,

i am from hyderabad,

please send me the complete details,,,

my dad was not a government employee,,and when i asked a person in MRO office,,he said tht legal heir certificate is only for government employees or,,pensioners...

i cant spend much money to get that,,please show me the less expensive way,,to get the legal heir certificate,,,

Vishal Agarwal (OWNER)     19 March 2013

 

hello mr. balaji,,
,
my father expired five years back,, he has deposited some money in his bank's savings account,,but the account is without the nominee.
now when i want to claim the money,,the banker ask me to get the legal heir certificate.i want to know,how is it possible for me to get the legal heir certificate to the earliest.and what is the procedure to get the legal heir certificate.how much will be the expences.please send me the COMPLETE details
 

i am from hyderabad,

please send me the complete details,,,

my dad was not a government employee,,and when i asked a person in MRO office,,he said tht legal heir certificate is only for government employees or,,pensioners...

i cant spend much money to get that,,please show me the less expensive way,,to get the legal heir certificate,,,

 
 
thank u
 

Balaji Bakthavathsal (+919444448455)     19 March 2013

Who said that legal heir certificate can be issued only yo Govt. employees or pensioners ? Get it in writing from him. Anyone can obtain the legal heir certificate irrespective of his service, caste,color or creed. I am not sure about the procedure followed in A.P. However, in Tamil Nadu,  the Revenue Department is responsible for issuing the Legal Heir Certificate. You have to approach the concerned Taluk Headquarters and ask the Revenue Inspector or Thasildhar to issue the Legal Heir Certificate. You have to produce the Death Certificate of your father alongwith your application and if you have got any other proof, you can enclose them too. The Revenue Department people will conduct an enquiry after that they will issue the Legal Heir Certificate. It is as simple as that. However, the procedure may vary from state to state. Another alternate is you can obtain from court also for which you have to seek the advice of good local lawyer.

With Best Wishes

Balaji

Ravi (Advisor)     16 May 2013

Hi

I am Ravi here from Ulsoor bangalore. My father has pleadged a couple of ornaments in Muthutoot Finance. My father expired in may 2012. Now the Muthutoot Finance manager is not returning the ornament instead he is asking for Legal Heir Certificate....

Can any one suggest me the procedure to get the Legal Heir Certificate or any idea for getting our ornaments back?

Thanks

Ravi

Advocate Ravinder (Advocate/Attorney)     23 May 2013

There is no concept or procedure of legal heir certificate in succession Act.  One has to file declaratory suit before the local court to declare them as legal heirs of the deceased which includes movable and immovable properties. After getting the decree this can be used for all purposes, Banks, chitfunds, lic polices, gold loans, landed properties etc.

 

Apart from this there is a provision to obtain legal heir certificate from Mandal Revenue office (MRO). This certificate will be used only for the purpose of taking pensionary benefits etc.  Not for other purpose. It will be specifically mentioned on the certificte to that extent. 

swami (individual)     20 August 2013

Dear Mr Balaji

I am right now fighting a case, where someone has obtained a fake legal heir certificate from Tahsildar. The legal heir certificate does not have the address of the heir and this was obtained 10 years after the death. We also notice that the Tahsildar has issued legal heir certificate 3 days after the so called legal heirs obtained the death certificate of the diseased. My questions are as follows:

1) How do I prove that the legal heir certificate is fake ( Can I use RTI to confirm if the certificate was indeed issued)?

2) Is the legal Heir Certificate issued by Tahsildar valid in the court of law?

rgds

swami

s.surya (cr manager)     27 August 2014

i filled legal heir application form, is their any possible to apply by online

Kindly suggest me

kishore (program manager)     18 November 2014

My father's residential address is chennai but he passed in Hyderabad about two weeks ago. I need to apply for the legal heir certificate. Should I apply for the certificate in chennai as all his residence proof is from chennai or should I apply for it in Hyderabad as the Death certificate was obtained in Hyderabad(since he passed away) in Hyderabad . Any response is greatly appreciated

ARP (Business)     04 December 2014

Respected All,

My Brother-In-Law has expired in the month of Sep-2014,he was a govt.employee, he is having (1) Mother-60 Yrs,(Old Age Pensioner) (2) Younger Sister-30 yrs(Married) and another Younger Sister (3) 28 yrs (Govt.Employee), (4) Wife - 42 yrs (Un-Employee), and female Childrens - 10 & 9 yrs (Studying).The above said ones who comes in the Legal Heir for Property as well as JOB, PENSION, GRATUTIY ETC., 

SEKAR XXXXX (Sr Engineer)     08 January 2015

Hi ARP,

 

As per my knowledge ,mother,wife  and his childerns for nominee of your brother in law.

firoz khan (none)     07 June 2015

Hi 

I am from mumbai my dad passed away last year he had property in mumbai as well as in Kerla,

as he didnt kept anyones name after his name in property, can some one please guide me how to get dads property on moms name as we are two brothers. 

1) will Maharashtra legeal hier certificate will be sufficent in kerla..?

chandra   04 September 2015

My granma expired 23 years back. We had the death certificate of her , but we had not applied for legal heir certificate at that time . Now I require it for name transfer of the property from her name to mine.Wil I be able to get a legal heir certificate now from thasildar office. 


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