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K (N/A)     29 November 2013

Legal heir certificate

Dear Madams/Sirs

It is greatly painful for me to write this query so soon, but I'm still writing this as I am unable to receive any valid information/guidelines. And all of us are scattered within and outside India

My mother born on Nov 25, 1947 expired on Nov 25, 2013 (aged 66) due to a massive heart attack in Gibraltar (a British overseas territory of United Kingdom) while visiting her elder daughter.

My father expired on Jan 20, 2010. We are only two daughters surviving our parents. Both of us are married.

The elder daughter is an NRI.

My mother has some property in Kerala under her name against which she had taken a Housing loan, but the outstanding loan has just been cleared. Although the documents are with the bank.

1) What is the procedure to retrieve the house documents and transfer ownership?

2) As there is no Indian Embassy in Gibraltar, her death certificate was not attested. But was attested according to the Hague Convention (which is recognized in India)

3) As a rule (is what I heard, please advise) for any death of an Indian abroad, a death certificate will not be issued again in India. Can you please let me know if this is correct? And if no death certificate is issued in India, will this will lead to any legal issues?

4) What are the procedures to apply for a Legal Heir certificate, documents required and how long will it take?

5) My mother also was a pensioner from the Tamil Nadu gvt. What are the procedures to close a pension account?

6) My extended family has also advised that there is eligibility for a funeral expense of Rs. 50,000/- for pensioners according to the Tamil Nadu gvt.. Is it true?

As my sister has a 10month baby and a job she is unable to stay for more than three weeks in India.

Thank you all for taking time to read and kindly help..



 2 Replies

K (N/A)     29 November 2013

To add to the above

She did not have a Will.

DISHA D. SHAH (lawyer)     29 November 2013

 file petition for legal heir certificate , contact to local lawyer.

no difference of death place just need valid death certificate

for housing matters i think you require legal heir certificate first then contact to respective bank file documents what they require

a Relative who is in India can  proceed for all matters by proxy

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