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Phani (officer)     25 October 2014

Obtaining legal heir certificate/succession certificate

Dear Members,

My father has recently expired (sudden cardiac arrest) & since it has been a unfortunate incident there is no WILL left by him. We have been advised by various sources-Friends,relatives etc. to get Legal Heir certificate & later a Succession certificate. We were a family of 4- Father, mother,myself & sister. Sister is married off & lives in USA. I am currently unmarried. My queries are:

a) What is a legal heir certificate? From where it is & to whom it is to be issued, its relevance in financial & legal matters. Since most of the bank accounts, policies etc. have been provided a nominee (my mother) does it still hold any importance?


b) What is a Succession certificate? From where it is & to whom it is to be issued. As per my knowledge through this forum it is for Asset/Property transfer to next head of family (which in my case is my mother).
My father has only one Flat on his name for which I am not sure whether my mother is a Co-owner/Co-applicant or not.

To make the case more precise, the deceased has died in Faridabad,Haryana & Property is in Hyderabad


Currently Documents we have: Father's Death certificate, Ration Card, Govt. ID proofs of all family members.



Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 October 2014

LEGAL CERTIFICATE BE OBTAINED FROM THE TAHSIL OFFICE WHERE THE PERSON RESIDING BEFORE DEATH.  IT IS FOR TO GET FAMILY PENSION (IF THE DECEASED IS AN EMPLOYEE IN ANY GOVT.), OTHER FINANCIAL BENEFITS (THOUGH NOMINEE NAME WAS RECORDED/FILED).

SUCCESSION CERTIFICATE WILL BE ISSUED IN A COURT OF LAW, IF APPLIED.  BUT THE PROCESS TAKES SOME MORE TIME THAN THE LEGAL HEIR CERTIFICATE FROM TAHSIL OFFICE.

IT IS FOR INFORMATION ONLY

Markandeya raju   05 February 2016

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

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