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N Omprakash   01 June 2021

Legal heir declaration

Sir/s,
Here in Telangana, it is required to get legal heir declaration from Civil Court. How about in Tamilnadu, what is the procedure to get legal heir declaration/certificate.
Kindly advise.


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 10 Replies

Sankaranarayanan (Advocate)     02 June 2021

With the support of death certificate the application by wife or husband of deceased person  should be submitted to the jurisdiction taluk tahsildar. The application should contains the details of children. Now the application should be filed through online E-service center provided in all taluk 

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Dr J C Vashista (Advocate)     02 June 2021

You are required to move to area Tehsildar / Talukdar / SDM for issuance of surviving member certificate and need not move to any civil court either in Telangana, Tamilnadu, Haryana, Punjab or any other Indian State.

Where does the family / legal representative of deceased reside, if it is a true story ?

 

N Omprakash   02 June 2021

Good morning, sir.
It's a true query. Wife lives in Hyderabad. Immovable property is in Chennai. For transfer of property, is that sufficient if the survival certificate obtained as opined.
Thank you

Sankaranarayanan (Advocate)     02 June 2021

You can obtain the legal heir certificate from the respective taluk no need to be obtain in Tamil Nadu.

G.L.N. Prasad (Retired employee.)     02 June 2021

Now some states discontinued issuing legal heir certificates through Tehasildar and legal heirs are being asked to get it from Court.  So ask a friend or relative in TN  whether there is a possibility of obtaining such a certificate from TN as per their state rules.  We have experts from TN and hope they can clarify about such procedure in TN.

Sankaranarayanan (Advocate)     02 June 2021

In Tamilnadu the tahsildar is the authority to issue legalheir certificate . If the death and the address belongs to Andhara then legalheir certificate  to be obtained  from the Andhara government authority only.

G.L.N. Prasad (Retired employee.)     02 June 2021

@Sankaranarayan, Hyderabad is not in Andhra Pradesh and is the capital of Telangana state.  The procedure in Telangana was not known.  But in AP, now Tehasildar is not giving such certificates, may be MRO (Designation of Tehsildar in that state) may be having such powers.

P. Venu (Advocate)     02 June 2021

Why is it that legal heir certificate is required?

Sankaranarayanan (Advocate)     02 June 2021

Agreed dear friend  then  obtain from the  respective department . In tamilnadu the thasildar is the authority  

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

If the  dead person is reported to have lived one year or more in Tamilnadu then an application to the jurisdictional Tehsildar can be submitted by the legal heir(s) along with the copy of the death certificate to issue legal heirship certificate in respect of the legal heirs of the deceased for any purpose that they may mention in the application.

The Tehsildar after due verification as per procedures of law, may furnish the desired certificate to the applicant, however it is the duty of the applicant to give full details of all the legal heirs of the deceased in the application eking the said certificate.


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