• Legal Heir

My father in law who lived all his life in Mumbai did not leave a will before his death. He has a property in Kerala. My wife who is the only child wants to transfer the property in her name. Except for her relatives no one knows her in Kerala.
Where is she supposed to obtain a legal heir certificate Mumbai or Kerala
What is the procedure?
How much court fee?
Asked 8 years ago in Property Law
Religion: Hindu

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10 Answers

Legal heir certificate will be obtained in Kerala

An affidavit will have to be given that their is no legal heir

Publication in news paper has to be done

Contact a local lawyer

Fee will depend on the lawyer you engage

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

no succession certificate is required to inherit immovable property. if your mother in law is alive, then your wife and she is the joint owner of the property. or else you record your wife's name with the municipal authority instead of your father in law's name by producing his death certificate.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Tehsildaar of the concerned Tehsildaar will issue the Legal Heirship Certificate.

Make an application in the concerned Tehsil. After obtaining the said certificate, apply for mutation.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

your wife can apply for letters of administration from Bombay High court for property situated in kerala as he died in Bombay

2) court fees is maximum Rs 75000

3) enclose father death certificate . consent affidavit of mother

4) it would take 6 months to obtain letters of administration

5) legal heir certificate would not be granted for immovable property

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

The person can obtain the legal heir from the Taluk/Tahsildar or district civil court of his/her area. fill the form and submit it to the Taluk’s Tahsildar. After the submission, an inquiry will take place for the verification by the local revenue officers as well as village administrative officials.

Documents to be attached with Application

Death certificate original

Service certificate issued by the head of the department/office in case of serving employee

Ration card and Aadhar card

Pensioner payment slip issued by the office of accountant general in case of pensioner

Family members names and relationship

An affidavit worth Rs 20 on a stamp paper

Download the application form from:-http://forms.gov.in/AS/2671.pdf, This information has taken from www.wlivenews.com

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

Hi, you have to file a necessary application in the concerned authority to transfer Katha in your wife name. If the authorities ask for any succession certificate then your wife has to file necessary petition in the Jurisdictional Court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

She needs to take succession certificate from the Kerela. She needs to file petition of succession certificate before the court of law. Court fee will be nominal.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Hi, she has to file the application in Kerala at her district court .. There is no court fee required , only the legal fee of advocate will be required

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Dear Client,

Legal Heirs certificate is issued by local tehsildaar where father has permanent address proof or where he born and stayed longer.

Apply to Tehsildaar

Nominal fees -

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If her father lived and died in Mumbai, then she has to obtain the legal heirship certificate from a revenue department near his vicinity in Mumbai.

In that certificate, it can be mentioned that this is procured for inheriting the properties left behind by the deceased in Kerala besides for other purposes as requested for.

She has to apply for legal heirship certificate in a plain paper mentioning all the legal heirs of your father in law and enclose a death certificate also along with the application.

She can comply with other requirements as guided/directed by the concerned department.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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