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Ramchander S (Mech Engg)     08 June 2010

Legal heir certificate and Mutation based on it

Dear Esteemed members,

A legal heir certificate was given by the MRO in East Godavari, AP after my grandfather died.

The legal heir certificate states my grandmother to be the primary heir and also mentions my uncle and mother as other heirs.

Is there a concept of primary heir or was the MRO wrong while stating that? Should a  correction be made to the certificate?

If a mutation of property is applied for based upon the legal heir cetificate, would all mentioned in the certificate be included or would only the primary heir be included? What is the procedure that the muncipal administration would follow?

Would appreciate if members could answer this.

Regs, Gopal 



Learning

 5 Replies

raj kumar ji (LAW STUDENT )     08 June 2010

plz clear ur query ?????????

Ramchander S (Mech Engg)     08 June 2010

Clarifying.

1. A MRO issued a  legal heir certificate after my grandfather died.

The legal heir certificate states my grandmother to be the primary heir and also mentions my uncle and mother as other heirs.

What is the meaning of primary heir or did the MRO make a mistake by putting it that way.

2. If mutation of property is applied for based upon the above legal heir cetificate, would all heirs mentioned in the certificate be included inthe mutation or would only the primary heir be included? What is the procedure that the muncipal administration would follow during mutation of residential property?

Would appreciate if members could answer this.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     09 June 2010

sir,

primary heirs means class- I HERIS

in the MRO certificates clealy revels in the bottom that this certificate is issued oly for inforamtion sake this certificate will not be useful for confoirming the heirs and every thing is subject to civil court

for legal heir certificate u have to approach to the districe court

Dhiraj Alagdeve (Advocate)     09 June 2010

Sir,

Legal heir certificate is issued under the Bombay Regulation act .Mutation entries does not mean the owner .It has a presumptive value unless rebutted.Class 1 and 2 heirs are related from the ancestral relations.Consult your lawyer for detailed answers.Thx

kiran 11111 (Executive)     12 January 2011

So far your issue is concerned , Revenue Authorties (Land Department) in any state does not have authority to issue Heirship certificate. Revenue authorities only undertakes to find out legal heirs for mutation purpose only by conducting local enquiry. But if there is dispute amongst the people as to who are the legal heirs of deceased person , then revenue authorities asks for heirship certificate from the competent court. Ther is nothing under Hindu Succession act as primary heirs or other heirs. Revenue authorities follows pervelant practices rather than law.

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