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Balusamy   29 June 2017

Succession certificate

A's wife died leaving their 2 sons.  Subsequently A marries another wife and he got 4 sons through his second wife. After few years, he along with the 1st son(major) of the 2nd wife (other 3 are minors) enters into a partition deed with the 2 sons  through the 2nd wife and both parties enjoying their properties(as A-schedule and B-schedule).  A dies subsequently without leaving a will.  All the 4 sons (now major) of A through 2nd wife are ready to partition the A-schedule.  Whether they have to get a Legal heir certificate or Succession certificate.  From whom this certificate is to be obtained? What is the procedure? Who are all to be mentioned in this certificate?



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 June 2017

Getting a legal heir certificate in Andhra & Telangana states will not be an easy task for the common man. Henceforth, the legal heir certificates will have to be obtained from civil courts. Instructions to this effect have been sent to all district collectors. According to a memo issued recently, the decision was taken in view of several complaints that the irregularities were taking place in issue of the legal heir certificates by the mandal revenue officers (MROs). The government, according to the memo, had also received several representations from public representatives on this issue. Following this, a memo was issued in October but that ran into some problem and there were complaints particularly from the government employees that this new rule was resulting obtaining the family member ship certificates after a laborious and cumbersome process which was also time consuming causingdelay and hardship in getting the dues in case of the death of the government employees. The state government which re-examined the issue has now decided that the mandal revenue officers may be permitted to issue the family membership certificates to claim the compensation under government schemes like Apath Bandhu, Aam Aadmi Bheemayojana etc. The MROs will have to clearly mention on the certificate the purpose for which such certificates are being issued. For other matters which involve legal matters like property etc, they will have to approach the courts for getting the legal heir certificate. Once the application is filed in the court, it will send the application to the mandal revenue officer who will have to visit the house of the applicant, meet the family members and record all the evidence and then revert back to the court. The civil courts will be the final authority on this issue. The legal heir certificate is an important document for purchase of property if the owner of the property is dead and settlement of property disputes within the family as well.  

 

Kumar Doab (FIN)     29 June 2017

Legal heir certificate, death certificate are usual basic requirements.

Check from local O/o authority under whose jurisdiction property falls e.g; MC.

The procedure and forms of such simple matters of inheritance

(Intestate Succession) might also be available on website of authority.

Legal heir certificate is usually issued by O/o Tehsildar. Check locally at your location.

Balusamy   30 June 2017

Thanks for the valusable advice.  Normally Legal Heir Certificates are issued by Tahsildar in Tamilnadu, but in the case of 2 wives, they hesitate to issue and advise us to approach courts.  But, in the above case, the properties for the heirs through the 1st  wife were already settled through a partition deed. Hence the remaining property have to partitioned between the heirs through the 2nd wife.  In such case, what is the prevailing procedure or government orders to issue certificate?


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