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Deepa Chandrasekhar (Banker)     11 November 2022

Legal heir certificate in haryana

My husband applied for a legal heir certificate in Gurgaon after my mother in law passed away in March 2019.  It is now over three and a half years, and he still hasn't received it.    The case status reads.

"Exparte arguments not advanced. Adjournment sought. Heard. Now, case is adjourned to _____ for ex parte arguments."

I would be very grateful if someone could explain what this means.   My husband and his sister are the only Class A Legal Heirs and she has already given her no objection to my husband being named as heir. 

How long does it normally take to get a legal heir certifcate, given that it is over 3.5 years since his mother passed away?

Thanks
Deepa Chandrasekhar

 


 



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 November 2022

The legal heir certificate will be issued within a maximum period of 2/3 months by the Tahsildar concerned.  But the succession certificate will be issued by the court.  Where did he apply for it?

Dr J C Vashista (Advocate)     12 November 2022

Contact Gurgaon area Tehsildar for issuance of LR certificate.

What is the case is related to LR Certificate of your mother-in-law, which is being proceeded ex-parte ?

What is the opinion and advise of your lawyer appointed by you ?

Deepa Chandrasekhar (Banker)     12 November 2022

THank you for your response.  He applied for the legal heir certificate in January 2021.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 November 2022

Meaning of Ex Parte The “Ex Parte” is a Latin word which means “on one side only”, which means the judge gives the decision without requiring all parties in the case, this is called “Ex Parte”. In simple words, the court can take the proceedings in the court without the presence of another party in the case.

Deepa Chandrasekhar (Banker)     12 November 2022

Thank you SIr for the explanation of ex parte.   But what does it mean if ex parte arguments are not developed.  We have provided:

1. Death certificate, Aadhar and PAN of my late mother in law

2. No objection from my sister in law to my husband being declared legal heir

3. Proof of address of my husband.


We are unable to understand what more is required for submission to the District Court in Gurgaon.

Thanks

Deepa Chandrasekhar

Parveen Kumar Rao (Advocate)     13 November 2022

Process to get legal heir certificate altogeter different then succession certificate, court grants succession certificate it is  better to consult your lawyer engaged by you about status.

 


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