Yuvaraj (System Administrator) 16 August 2013

Legal heir certificate

Hi All,

My grandpa died about 8 years back, we have his death certificate. My grandpa didn't left us an will. We would like to apply for a Legal Heir certificate. I have few unanswered questions which i thought some of you could help.
1. Is it possible to get the Legal Heir certificate after 8 years from his death.
2. Does everyone from the family has to apply for the heir certificate individually or all his children (He had 1 daugher and 3 sons) has to sign to get the certificate?
3. How much will it cost us to get the certificate?
4. If we have applied for it with all necessary documents then how long we have to wait to get the certificate?

I'm looking forward to get a reply from you all!
Thanks.

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2 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 16 August 2013

Your Grand Father died 8 years back, did he leave immovable, movable properties if so your Grand Fathr if wife is alive, she, his sons and daughters have to apply to get Legal heir certificate, some state Govermnts issued G.O. to issue Legal heir certificate by Tehasildar of local area if deceased was a Government servent. If not you have to file suit for Declaration to declare Plaintiffs are the Legal Heirs of deceased person.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 17 August 2013

I AGREE WITH WHAT KOLLA GANGHADAR HAD SUGGESTED . BUT TAHSILDAR WILL NOT ISSUE IT DIRECTLY . WE HAVE TO APPLY TO THE VILLAGE ADMINISTRATIVE OFFICER OF THE AREA WHERE YOU ARE RESIDING . ONE OR TWO MAY BE RESIDING IN OTHER PLACES ALSO . AS PER PROCEDURE EVERYONE HAS TO BE PRESENT THERE AND SIGN BEFORE HIM . THEN WE HAVE TO BRING EIGHT WITNESSES FROM THE SAME AREA AND THEY HAVE TO SIGN IT . WE HAVE TO PROVIDE THE NECESSARY DOCUMENTARY PROOF LIKE IDENTITY AND ADDRESS PROOF. THEN IT WILL GO TO THE REVENUE INSPECTOR OF THAT AREA WHERE EVERYBODY SHOULD BE PRESENT . ON APPROVAL IT WILL GO TO THE TAHSILDAR OFFICE OF THAT AREA AND THE CONCERNED TAHSILDAR WILL ISSUE THE LEGAL HEIR CERTIFICATE . THIS IS THE ACTUAL PROCEDURE TO BE FOLLOWED IN ADDITION TO SERVICE CHARGES TO THE BROKERS. BUT IF YOUR BROKER IS HAD INFLUENCE AND YOU ARE READY TO PAY MORE SERVICE CHARGES DEPENDING ON THE PROPERTY YOUR GRAND FATHER HAD , THEN YOU NEED NOT GO THERE . THE FORM WILL COME TO YOU AFTER VERIFICATION OF THE DOCUMENTS YOU HAVE SUBMITTED .YOU GET THE SIGNATURE OF EIGHT PERSONS WHO ARE KNOWN TO YOUR FAMILY AND SUBMIT IT BACK . IT WILL GO ON ITS OWN THE REVENUE INSPECTOR AND HE WILL APPROVE IT AND IT WILL GO TO THE TAHILDAR'S OFFICE AND YOU WILL GET AS MANY COPIES AS YOU WANT . YOU CAN SIT AT HOME AND DO IT . EVEN IF OTHERS ARE RESIDING IN OTHER PLACES , YOU CAN SEND IT AND GET THEIR SIGNATURE. EVERYTHING DEPENDS ON THE SERVICE CHARGES AND THE BROKER'S INFLUENCE. BUT SEE TO IT THAT IT IS A GENUINE ONE . IF ANY FRAUD IS COMMITTED THEN EVERYBODY WILL LAND IN TROUBLE - JOSEPH WILFRED - 17/08/2013 AT 02,32 HRS