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dream (individual)     04 January 2010

REg. Legal Heir Certificate in Hyderabad

Hi

I am a resident of Hyderabad. My father died recently in Chennai and accordingly his death has been registered with Chennai Municipal Corporation.

My father has one son (with one minor son), one daughter(married and with 2 children who are majors),  and wife. He has not left any will.

In most of the investments & savings he made, he has left his wife as nominee, except for a house in another district of Andhra Pradesh which is not ancestral property.

There is a matrimonial dispute going on between the son and his wife in court.

I have these following queries:

1. What is the procedure to obtain Legal Heir certificate?

2. Whose names can be / must be included in the Legal Heir Certificate?

2. Can the son voluntarily opt his name not to be included? If so, what can be repurcussions?

Thanks in advance for your reply.

Regards

Dream



Learning

 9 Replies

V. VASUDEVAN (LEGAL COUNSEL)     04 January 2010

 The local revenue authorities will give the Legal Heir Certificate. Once you provide the complete details in the application, they will issue a certificate all the heirs as per the law of succession as applicable to you. You have no option of including or excluding any members. The heirs are wife (spouse) and all children (whether married or unmarried) and will include the minor son. This Certificate can be used for limited purpose and for valuable properties, you may have to obtain a succession certificate from the local court.

For investments wherever your mother is nominee, you can get the investments transmitted in her name based on the nomination and no legal heir certificate is required. Nominee being the trustee of the LH, she will have to distribute the investments (either as such or money value) to all the legal heirs. Alternatively, the LHs may relinquish their rights - which is the option for each LH.

1 Like

kranthi kiran (Works In Judicial Department)     07 January 2010

File a petition before the Competent Court  for grant of succession certificate, in respect the savings and investments. Even a suit can  be filed for declaration as legal heirs. All the legal heirs needs to be impleaded as partries to the suit/petition.. With regard to immoveable properties, all of you can  file a partiton suit and get   a compromise decree so as to avoid future litigations. Family member not interested in taking the share can  relinquish his share by executing a registered relinquishment deed

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     16 January 2010

Dear Dream,

You must make your questionaire little clear. You have not stated whether your father is a Central Govt Servant or private servant. If he is Central Govt. Servant, you have to approach the Local Tahsildar, where you have resided for more than 7 years  or if he is not a Govt. Servant then, you have to appraoch local court.

With regard wife as nominee in some properties, wife is directly entitled to those things and there cannot be any division of those things will be made and for rest of the things, you have to approach the local court for declaration of title in respect of the movable and immovable properties which are self acquired by your father.

 

 

SACHIN AGARWAL (ADVOCATE)     29 October 2010

Son's wife of the deceased is not the legal heir when the son is alive. In such case, she cannot claim any amount.

 

Whereas the question of nomination is concerned, the nominee can collect the amounts. However, the nomination does not mean that the nominee is the owner thereof.

Aziz (Sr.Research Analyst)     25 January 2011

Good Afternoon Sir, 

                                     My father and my mother both passed away within 8 months, They have left 2 individual houses for me and my sister. However they did not right any will. They told us verbally. One house is in the name of my father which was given to me. Another house is on my mother's name which was given to my sister. I want to sell the house which was given to me, my sister is okay with it, she is ready to come to the registration office and do her signature. It would be vice versa, i have to do the signature when she is getting transferred or selling off the house which was given to her. But for the registration, we need to get a FAMILY MEMBER CERTIFICATE or LEGAL HEIR CERTIFICATE. When i approached my Mandal Revenue Officer, he informed that Family Member Certificate is used only if my father has left any savings with the government or any amount which was pending with government. 

                                     For selling the house I need to get a LEGAL HEIR CERTIFICATE with the Civil Court. I approached a lawyer at Civil Court, He is ready to give me AFFIDAVIT-CUM-LEGAL HEIR DECLARATION on a Rs100 Bond Paper. Would that work for the registration of the house when it is sold. Please help me. I would be greatful to you my whole life for this favor of yours.

Thank you.

Sarath Nalla (MD)     06 February 2012

HELLO VASUDEVAN

 

I'm from Visakhapatnam, Andhra Pradesh

My Uncle expired in Dec 2007 and now his wife wants to take money from uncle savings (Fixed Deposits, Shares etc) from HDFC bank. Also she wants to sell a plot which was registered on My uncles name and he didn't write any 'will'.
 

Where can i get this legal heir certificate ?

 

Thanks in Advance

Sarath

A V Vishal (Advocate)     06 February 2012

Mr Sharath,

Legal Heir Certificate is issued to heirs of Government employees deceased in service or otherwise. In your case you need to obtain a succession certificate for claiming the deposits, monies etc...further, this certificate is issued to all legal claimants of the deceased person.

sripalm (software engineer)     23 January 2013

 

HI sir

This is Sripal reddy Mungi  I'm resident of Ranga reddy distic   Andra Pradesh  My father  expired  on 12 th august 2012

as my father is not employee  mandal revenue officers asked me to take legal heir  certificate from Court 

I have No idea  regarding courts can anyone Suggest  me what is The procedure   the only problem is we dont have Ration card and Adhar card is not yet started at my place   I have my father Death certificate and legal heir details  from Grama panchayat office   my mother ,elder sister (married ) and me are Legal Heirs  of my father 

 

insurance and  bank accounts are transferred  to my mother  with  Certificate given by Grama panchayat ofiice  

For safe side and Future purpose i need to get leagal Heir  certificate from court

So kindly help me regarding this  and if any one from Ranga reddy District court Plese Respond to below details

mungi.sripal@gmail.com

9949696123

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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