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Chikki   11 July 2020

Legal heir certificate in west bengal

Please let me if West Bengal government has stopped issuing legal heir certificate? I am not asking for succession certificate. Instead of the certificate an affidavit signed by first class magistrate is what gets issued as a legal heir certificate I am told . Can someone pls confirm the above.


Learning

 9 Replies

Dr J C Vashista (Advocate)     12 July 2020

Contact your area Sub-Divisional Magistrate for latest rule applicable on the subject.

However, it is applicable and being issued in Delhi.

Chikki   12 July 2020

Thank you Dr. Vashista for the reply. I understand this is issued in other states but I was told this is not getting issued in West Bengal (Kolkata). I was told only a affidavit signed by a FCM would do. I am unable to reach the SDM office due to lockdown hence requesting practising lawyers from Kolkata to kindly throw some light.

N.K.Assumi (Advocate)     12 July 2020

Chikki, you are aware that there is a difference between Succesion certificate and Legal heirs. You have not stated the reasons of obtaibing the legal heirs certificate, because there is difference between govt servants and public at large in obtaining legal heirs certificates for these two classes of people, but again this may be different from state to state practise. If you want legal heirs certificate in relation to government servants, yes approach the District Collector office or the SDM.

Chikki   12 July 2020

The requirement is not for government services both the deceased and the person who requires the certificate were/are in private jobs. The deceased had entered into a long term lease of a property and the same is due to expire soon. On approaching the lessee for handing over the property they have requested for the legal heir certificate.  people who are currently seeking the property are  grandchildren of the original lessor. Currently all surviving members are grandchildren only.

 

N.K.Assumi (Advocate)     12 July 2020

If it is a lease term why legal heirs, just try to work out with the owner of the property for extension of lease term by the legal heirs. 

Chikki   12 July 2020

We want the property handover and not an extension. This was a 99 year lease. Both the lessor/lessee (original signatories ) are deceased. Since the property is currently held by the lessee they are asking for legal heir certificate .

N.K.Assumi (Advocate)     12 July 2020

File declaratory suit and obtain the leagal heirs order from the court. All the best.

P. Venu (Advocate)     12 July 2020

The lesee need not be too obsessed with such formalities. At the most, the legal heir who takes over the property can excute an indemnity bond.

However, facts posted suggest deeper issues. Please post complete facts.

Dr J C Vashista (Advocate)     12 July 2020

As LR of deceased lessor, you can determine the tenancy / lease and issue a legal notice qua no intension to renew the lease and handover the demised property.


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