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Sangeetha.T (N/A)     27 January 2018

Legal heirship

My husband passed away in 2016 and legal heirs myself and our daughter, who is minor. We don't have any Adhar card as we are staying Outside India. I want to apply for legalheirship document, please let me know the formalities and required documents. Thank You



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 11 Replies

Sangeetha.T (N/A)     27 January 2018

Thank you for your reply What are the required documents and where can I apply

Sangeetha.T (N/A)     27 January 2018

Thank you for your reply What are the required documents and where can I apply

R.Ramachandran (Advocate)     27 January 2018

You are required to apply for Legal Heir Certificate (for immovable property) to the Tehasildar of the area in which you are resident in India.  If the mother of your husband is alive, then she is also one of the legal heirs.  The Tehasildar after verifying the facts, will issue you the legal heir certificate.

You are required to apply for Succession Certificate (in respect of movable property - like bank balance, FDs, Insurance etc. etc).  For this, one has to apply before the District Court in the area in which your locality falls.  Here again, mother (if alive) of your husband is also one of the eligible person.  Court fee needs to be paid based on the amount (which is lying in the bank etc.).

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Kumar Doab (FIN)     27 January 2018

It is believed that all of you are Hindu.

You have to apply for legal heir certificate in which state?

Why did you delay in applying?

Confirm!

Kumar Doab (FIN)     27 January 2018

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

 

The narration of legal heirs is to be given by applicant.

Kumar Doab (FIN)     27 January 2018

 

Check for procedure in the state where you want to apply e.g;

 

https://www.tn.gov.in/forms/deptname/26

Application form for obtaining Legal Heir Certificate (Bilingual Form)

https://cms.tn.gov.in/sites/default/files/forms/cert-legalheir_0.pdf

Circular Reg. Online Issuance of Legal heirship Certificate

Go thru point;5;

Any of the listed docs may suffice;

https://www.chennai.tn.nic.in/Legal-heir-certificate.pdf

Kumar Doab (FIN)     27 January 2018

 

Regarding delay if objection is raised you may pick up relevant points/circulars/judgments  from following thread;

And under the post/extract mentioned below;

“AAG communicates court order to DROs in 13 districts Henceforth, Tahsildars in southern districts might not refuse to issue legal heirship certificates on the ground of delay in making applications as Additional Advocate General (AAG) K. Chellapandian has communicated a court order on the issue to all the 13 District Revenue Officers (DROs) within the jurisdiction of the Madras High Court Bench here”

https://www.lawyersclubindia.com/experts/Employees-compensation-act-1923-598516.asp#

Kumar Doab (FIN)     27 January 2018

 

 

Regarding Bank deposits;

1st of all clarify the Bank a/c had valid nomination or not….and check what is the fund balance in respective/total accounts in one/each bank……………….and come back in case of any difficulty….

 

Relate with Bank’s deceased depositor policy that should be placed on website and printed version should be made available without any cost to claimant..

The Bank’s deceased depositor policy is framed in accordance with RBI guidelines on  ; deceased depositor claims (for accounts having valid nomination/without nomination)

 

RBI: Master Circular on Customer Service in Banks

20. Settlement of claims in respect of deceased depositors – Simplification of procedure

https://www.rbi.org.in/scriptts/bs_viewmascirculardetails.aspx?id=9008

 

GO thru claim form of the bank and even certification by Municipal Councilor may be accepted and/or Legal heir certificate/affidavit may also be accepted by bank….

 

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Kumar Doab (FIN)     27 January 2018

Likewise you may post details for Life Insurance, Equity shares etc if your husband had these....

1 Like

Sangeetha.T (N/A)     28 January 2018

Thank you for the information.

Kumar Doab (FIN)     28 January 2018

You are welcome.
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