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Rachna (Director)     05 July 2013

Legal heir certificate

Hi my father passed away recently without a nomination filed on 2 of his bank accounts. I have figured out that both banks need me to produce legal heir certificate with all siblings mentioned.

I need to know what is the procedure for this, especially in Ahmedabad. He was living in Vastrapur area of Ahmedabad so will I need to get this legal heir certificate from Vastrapur panchayat?

Please help

 

Thanks and regards

R



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 July 2013

Get it properly confirmed from the bank as to whether they require legal heir certificate or a succession certificate.. Bcoz in such cases a succession certificate is required and not a legal heir certificate.

1 Like

Advocate M.Bhadra   05 July 2013

For movable property you need Succession Certificate not legal heirs Certificate.

i) A petitione should be made to The District Judge or District Delegate under section 372 of the Act;

ii) the applicant must sign and verify the petition.

iii) the residences of the relatives and family of the deceased must be mentioned;

iv) In case of The Hindu Succession Act , the names of the heirs must be mentioned in the petition;

v) the right of the petitioner should be mentioned;

vi) Either Ordinary  or permanent residence of the deceased, at the time of death, or the property of the deceased should be within the limits of the Jurisdiction of the Court concerned;

vii) the debts and securities as to which the succession certificate is applied for should be mentioned;

viii) the absence of any impediment u/sec. Sub section (1) of Section 370 of the Act or any other provisions of the Act or any other enactments to the grant of succession certificate or to the validity of it in case of it was granted, must be mentioned.

1 Like

Adv k . mahesh (advocate)     06 July 2013

Legal heir certificate (family member certificate) is now giving by sub registrart office after applying they will formal inspection in the area you have provided and it is given only to state government employees only and once again check with sub registrar office 

bank need succession certificate in that your mother will be legal heir followed by all your family members and the court will grant this succession certificate and normally it takes 6 to 8 months after applying from the court 


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