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Prathap pppp (not applicable)     16 December 2010

Legal Heir Certificate in Hyderabad

Hi, I was writing to enquire the procedure for obtaining a legal heir certificate in Hyderabad. My dad passed away in February 2009. Though legally I and my mom are heirs the house is still registered on his name. He didn't leave a will either. However, now we were planning to do some modifications to the existing house and require a sanction from the muncipal office and i think they will request for a legal heir certificate. Would you please help me with formalities and whom i need to contact for it (which offices etc)? My dad used to work in a public sector company. I would greatly apprecite the info. Thanks.


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 13 Replies

A V Vishal (Advocate)     16 December 2010

Getting a legal heir certificate will not be an easy task for the common man. Henceforth, the legal heir certificates will have to be obtained from civil courts. Instructions to this effect have been sent to all district collectors.

According to a memo issued recently, the decision was taken in view of several complaints that the irregularities were taking place in issue of the legal heir certificates by the mandal revenue officers (MROs). The government, according to the memo, had also received several representations from public representatives on this issue.

Following this, a memo was issued in October but that ran into some problem and there were complaints particularly from the government employees that this new rule was resulting obtaining the family member ship certificates after a laborious and cumbersome process which was also time consuming causingdelay and hardship in getting the dues in case of the death of the government employees.

The state government which re-examined the issue has now decided that the mandal revenue officers may be permitted to issue the family membership certificates to claim the compensation under government schemes like Apath Bandhu, Aam Aadmi Bheemayojana etc. The MROs will have to clearly mention on the certificate the purpose for which such certificates are being issued. For other matters which involve legal matters like property etc, they will have to approach the courts for getting the legal heir certificate.

Once the application is filed in the court, it will send the application to the mandal revenue officer who will have to visit the house of the applicant, meet the family members and record all the evidence and then revert back to the court. The civil courts will be the final authority on this issue. The legal heir certificate is an important document for purchase of property if the owner of the property is dead and settlement of property disputes within the family as well.
 

1 Like

Prathap pppp (not applicable)     16 December 2010

Thanks a bunch, Vishal, for your response!! I read this piece of news as well. But what does this mean? Please excuse my ignorance in this matter. Does this mean I am better off hiring a lawyer for this procedure since it involves the court now or is there something that can be done ourself? I don't mind either . I just want to do it right and easy.

Thanks again for your response!

adv. rajeev ( rajoo ) (practicing advocate)     16 December 2010

Succession certificate wont be issued by the Tahasildar, only such certificate will be issued by the Civil Courts.  For the immoveable properties, to get enter your name you will have to obtain the survivors certificate.  For that you will have to file an application along with an affidavit before the Tahasildar disclosing the names of the heris of the deceased , after due verificateion by the Revenue Inspector certificte will be issued.  After obtaining the certificate you will have to file an application befoe CTS authorities to enter the names of the heirs of the decesed to the property. 

Prathap pppp (not applicable)     16 December 2010

Thanks Rajeev. I think we did get the family particulars certifcate which is what is in effect the survivors certifcate (i think). Would you know if there is any other documentation required or an application which needs to be filled out? Also it would be great help if you knew how long would the process take after submitting the documents.

Thanks again!

Triloknath l pandey Adv. (Legal Officer.)     16 December 2010

I agree with the views given to you go with that as District Judge is the only authority  who can issue a succession certificate  therefore heir a lawyer and file a suit for obtaining succession certificate and arrange all documents which establishes the relationship of deceased with you.

A V Vishal (Advocate)     16 December 2010

YOU HAVE TO HIRE AN ADVOCATE TO DO THE NEEDFUL.

vinay (Software engineer)     06 June 2011

Hi, My Grandfather has expired 2 months back. during his lifetime, he made a will for the house in favor of my father (son of the deceased person). Now the son (my father) wants to register the property of the deceased person (my grandfather).

1. what is the procedure to be followed

2. The will is already signed by the testator and attested by 2 witnesses.

 

Please let me know what procedure is to be followed for registering the property in his (my father's) name?

Mintu123456 (owner)     06 May 2014

Dear Sir,

My Self Praneeth Kumar, Resident of Hyderabad A.P, My Father-in-law was working as ASI at Pahadishareef Police station, he was expired on 1st March,2014. He had taken a home loan from HDFC Ltd, Basheerbagh, due to his death we have cleared the outstanding pending amount of the Home loan ( of Rs.87,608/-) and we were asked to come on 06/05/14 to collect the Original Documents which were kept as security at the Bank, Today when we went there the bank people asked us the Legal Heir Certificate, we showed them the Legal Heir Certificate issued by the Tahsildhar (MRO), but they dint accept this and asked us to get the Legal Heir Certificate from Court, which we are not aware & the bank people also dint inform us regarding this certificate from Court.

 

I request to advise the procedure how to get the Legal Heir Certificate from the court?

and also is it compulsory to submit the Legal Heir Certificate issued by the Court?

Markandeya raju   30 October 2015

It is compulsory to claim anything which belong to the deseased. Movable properties= sucession certificate Immovable propeties= legal heir. If the deseased is a govt employee MRO will isue the same . if not have to file suit for the same before court feel free to call 9966997614 for more info- Adv. Markandeya Raju

Markandeya raju   05 February 2016

It is compulsory to claim anything which belong to the deseased. In Hyderabad I can get succession or legal heir within 1 month. Movable properties= sucession certificate Immovable propeties= legal heir... feel free to call 9966997614 for more info- Adv. Markandeya Raju

Aparna   23 May 2016

My father passed away in December 2015 and has left behind a will. However, for a particular LIC policy, he hasn't mentioned my mother as a nominee. Hence in order to apply for reimbursement of this insurance, the agent has advised us to present a legal heir certificate which can help speeden up insurance process. What's the procedure and is it still required for us to get this certificate as my father has indeed prepared and registered the will.

Markandeya raju   07 September 2017

Registered will is enough to claim the policy if the policy beneficiary is mentioned in the will..

Registerexperts (company registeration)     12 September 2017

Succession certificate wont be issued by the Tahasildar, only such certificate will be issued by the Civil Courts.  For the immoveable properties, to get enter your name you will have to obtain the survivors certificate.  For that you will have to file an application along with an affidavit before the Tahasildar disclosing the names of the heris of the deceased , after due verificateion by the Revenue Inspector certificte will be issued.  After obtaining the certificate you will have to file an application befoe CTS authorities to enter the names of the heirs of the decesed to the property.  
 


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