monster

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srinivas (Director)     09 August 2010

Legal Heir Certificate or Succession Certificate

All,


What are the requirements to apply for legal heir certificate? Does applying for legal heir certificate be only possible if there is "no property" involved?  I am in Hyderabad, Andhra Pradesh.

Is Birth Certificate (with fathers & mothers name but no name of child) not sufficient proof to show legal heir?

 

I was told, if  property is involved, we cannot apply for legal heir unless we have a suit for declaration.

A suit for partition was alread filed.


Srinivas,



 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 August 2010

Suit for partition is filed then not necessary to file declaration suit.  You can also claim your share in the moveables in the same partition suit.

If to claim the monetary benefits financial institutions are asking for the suceesssion certificate then file a probate and succession petition.

Srinivas (Director)     09 August 2010

Rajeev

Thanks for the advice. The legal heir is required for a suit in Railway Tribuinal for Monetar claims.

When filing a succession petition, does it need to cover all movalbe & immovable property.

 

thank,

 

Srinivas

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     09 August 2010

//What are the requirements to apply for legal heir certificate?//

Death certificates of the concerned (father or mother) with an application to local revenue authority. (Tahsildar). Copy of Family card is to furnished.

//Does applying for legal heir certificate be only possible if there is "no property" involved?//

Having property or not is not relevant to obtain legal heir certificate.

//Is Birth Certificate (with fathers & mothers name but no name of child) not sufficient proof to show legal heir?//

Normally birth certificate is not required. On the basis of local enquiry and on the basis of other documents like family card, school records to support you claim, certificate will be issued.

//I was told, if  property is involved, we cannot apply for legal heir unless we have a suit for declaration.//

It is incorrect. It is absolutely wrong guidance.

//A suit for partition was alread filed.//

Suit for partition will divide the property and will not give legal heirship.

To prove legal heirship, legal heir certificate issued by competant authority is necessary.

Madansingh Shekhaawat (writer & an editor)     09 August 2010

........... Is Birth Certificate (with fathers & mothers name but no name of child) not sufficient proof to show legal heir?

Even in USA it is accepted as legal proof for heir. In India 15 year's period is provided for parents to enter their wards names with concerned department and even if parents fail to do so it is sufficient proof as to show legal heir in addition to this also you can obtain a domicile certificate with the help of this birth record and use as legal heir proof. The government is planning to amend this 15 year's clause with bringing it to short period and make it mandatory clause for parents to execute.

Srinivas (Director)     09 August 2010

Dear Rajeev, Ramesh & Mandasing,

 

Thanks for the guidance.


I spoke to our advocate earlier today armed with information from this forum.

We agreed to file a succession certficate for claiming the money due from Railways. Our advocate has not filed a succession suit before and he said he will find someone who can do this.

 

Questions:

1) In a suit for partition, can we ask for issue of legal heir certificate as well?

2) I was told, legal heir certificate will *not* be issued if there is a "rival" claim. In this case, there is denial of relationship by others. I believe when a legal heir was applied at MRO (Mandal Revenue Office) they had asked it to be applied in court.  What is the correct procedure to obtain a legal heir certificate?

3) As per guidance of Mr. Ramesh above, if we have a death certificate and family ration card, is that sufficient. Does the MRO have right to reject issuing legal heir certificate.

4) If we file a suit for declaration as legal heir, do we need to pay court fees again on the property that a partition suit has already been filed.

 

thanks & best wishes,

 

Srinivas

deep (SWE)     02 February 2012

Hi Friends and Lawyers here!

 

 

I want to know about the declaration process. What is the process of "House DEclaration" all about? and hw much time it takes after filing a declaration suit in the district Court? Please respond ...Property Location is Hyderabad. And, the deceased has no children and she wrote an unregistered WILL on the names of her nephews(As property successsors in the WILL). 

 

Thanks,

deepu

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

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query