Is one Legal Heir certificate is enough for all properties that are on the name of diseased person or should be taken for each property separately and in such case what would be the percentage of amount to be paid on market value of the property? Please guide in this matter.
if deceased died intestate apply for and obtain letters of adminsitration from district court for all properties standing in deceased name
2) legal heir certifcate would not suffice
3) Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs.
4) one certifcate is enough for all properties
1.Yes it can be for all the properties.
2. However legal heir certificate is not given by court .It is given by Collectorate or Tehsilder .
3. The court issues succession certificate but that is meant for moveable properties only.
4. For immovable proeprty there is no certificate issued . if there is a Will then probate is issued.
5. Fro court fees talk to court officer as court fees differs from state to state.
My uncle has died nine years back and the Flat in the name of him is released to my mother-in-law by his three daughters based on the family member certificate issued by the tahsildar for pension purpose. Now the municipal authorities are refusing to mutate the property on my mother-in-law and suggested to bring the legal-heir certificate not the family member certificate. Is it compulsory? Please suggest in this matter.
Then get succession certificate from court. It takes around six months of time.
if muncipal authorities are willing to mutate peoperty based on legal heir certifcate apply for and obtain legal heir certifcate
2)you would need to annex to the application death certifcate of the deceased uncle
3) mention name of the legal heirs
4) it should not take more than 3 months or so
Hi
1) If all of the family members agree to mutate the property in the name of your mother in law, municipal authorities are bound to mutate the property in the name of your mother in law based on family member certificate only.
2) Please obtain No Objection certificate from all the family members to mutate the property in the name of your mother in law based on family member certificate.
3) Mutation of name in municipal records is NOT Transfer of ownership under transfer of property act.
4) Mutation is only a reference to that person who is liable to pay tax to the municipality.
5) For the purpose of transfer of ownership as envisaged in Transfer of Property Act, All of the family members can execute a settlement deed or partition deed for all of the properties or some of the properties at Sub-Registrar office, then the transfer of ownership will be complete with respect to the properties mentioned in the the Settlement deed.
6) Legal heir certificate is issued by the court based on family member certificate. Legal heir certificate will be useful if the Properties of the deceased are transferred to all of the legal heirs. The legal heirs can then claim Joint ownership of all of the properties. So with one legal heir certificate you can transfer ownership of all of the properties of the deceased.
7) If there are multiple properties in the name of deceased and all family members have cordial relationship and agreement on partition of properties it is always better to go for settlement / partition deed as properties derived
through Settlement / Partition deed will confer absolute ownership to the individuals (which is the best when compared to joint ownership) and the family members are free to sell/mortgage/develop these properties on their own accord and free will.
8) In a partition amongst family members, the stamp duty is 0.5% ON VSS subject to a maximum of Rs.20,000/- and Registration fee is Rs1000-/- The stamp duty is levied on Free market value( data available at sub-registrar office) or Consideration which ever is higher.
Hope this information is useful.
Is one Legal Heir certificate is enough for all properties that are on the name of diseased person or should be taken for each property separately and in such case what would be the percentage of amount to be paid on market value of the property? Please guide in this matter.
The legal heirship will be one only mentioning the names of all the legal heirs of the deceased.
One certificate will be sufficient for transferring all the properties that are lying in the name of the deceased to all its legal heirs.
My uncle has died nine years back and the Flat in the name of him is released to my mother-in-law by his three daughters based on the family member certificate issued by the tahsildar for pension purpose. Now the municipal authorities are refusing to mutate the property on my mother-in-law and suggested to bring the legal-heir certificate not the family member certificate. Is it compulsory? Please suggest in this matter.
Not only legal heirship certificate but also a NOC from other legal heirs expressing no objection for mutating the properties on their mother's name will be required to be submitted