• Death certificate

My uncle wants to sell his land to me. Can my maternal uncle give me poa for obtaining his mother's death certificate & legal heir certificate ?
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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12 Answers

let uncle only apply and obtain death certificate of his mother

2) he can execute POA in your favour for obtaining LHC from district court

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

1) Yes, you can apply under RTI act, for death certificate of your grand mother and all legal heirs in their local area. Or you may ask him directly all proofs and POA for all your reference.

Ganesh Kadam
Advocate, Pune
12995 Answers
263 Consultations

1. yes, the POA can be given to do all such all activities in public or private offices which the principal could do had the POA not been given.

2. Now on the basis of POA you can very well initiate and complete all such formalities which are necessaries for obtaining the death certificate .

3 to do such acts the registration of the POA is not necessary and its notarization is enough to empower to apply and get his death certificate.

Devajyoti Barman
Advocate, Kolkata
23288 Answers
519 Consultations

Hello Sir , he himself has to apply for legal heir certificate from court

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

He'll be personally required to obtain the legal heirship certificate, whereas the Death Certificate can be issued to you on his behalf.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

Dear Sir,

Yes, you can visit any office and get such certificate under POA. You can visit the following government web site and get it online also

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https://dhs.assam.gov.in/how-to/apply-for-death-certificate

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Application for legal heir cetificate available on the following site.

http://chdservices.gov.in/Forms/InputForm_LegalHeir_01Feb2016v1.1.pdf

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https://www.wikiprocedure.com/index.php/Assam_-_Obtain_a_Legal_Heir_Certificate_(Succession_Certificate)

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Apply for Death Certificate

A brief Overview: Registering a death is a legal requirement, you need to do this to obtain documents for the funeral director and for dealing with the deceased's estate

Overall Process Flow for the Service

Form(s) to be filled

Application for Death Certificate

Guidelines for filling up the form

A death has to be registered with in 21 days of it's occurrence.

In the event of a failure to register a death within the stipulated period of 21 days, one has to obtain a non-objection certificate (NOC), which is issued when a Death Certificate has not been obtained for more than one year after the death.

The applicant can apply for the certificate at the receipt counter of the Public Facilitation Centre, Deputy Commissioner's Office.

The operator accepts the application and gives a computer generated receipt of the application.

A printout of the certificate is taken, based on the data from the application.

The certificate, along with the document, is sent to the concerned officer, and upon approval of the officer through a signature, the certificate is sent back to the receipt counter to be issued to the applicant.

Make sure you have all the necessary documents that are listed under the "Required Documents" section and approach the Directorate of Health Service and make the application appropriately.

Eligibility criteria: A death has to be registered with in 21 days of it's occurrence.

Fees including the Payment Mode: Online “Rs 30 Processing Fee, RS. 10 Printing Fee per pag, Rs. 5 Scanning fee”

Accompanying Documents required including

a) Scan copy of application form

b) Certificate of Death issued from Private Hospital/Nursing home (Mandatory)

c) Goanburah certificate (Mandatory)

d) Post¬mortem report (if applicable)

e) Permission for Delayed Death Registration (if applicable)

f) Any other document

Important Timelines

a) Due date for submission:Within 21 Days from the date of Death

b) Time for processing (approximate):10 days

Whom to contact for any queries –

Joint Director, Health Services of any District

Whether the service is offline or online

a) a. For Offline: Public Facilitation Centers

b) For online: "www.assam.gov.in"

Service outcome : Death Certificate

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

1. You can obtain his mother's death certificate from the local Municipal Corporation without any POA.

2. You can arrange to get the application of his legal heir certificate signed by him to be filed by you and for collecting the said legal heir certificate from the local Municipal Corporation through your ward counelor, you can take an authority from your said uncle..

Krishna Kishore Ganguly
Advocate, Kolkata
27501 Answers
726 Consultations

Yes, he can but subject to the discretion of the judge who may ask for his appearance also for giving the legal heir certificate.

Death certificate can easily be obtained.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If you intend to buy the property from the same uncle, it would be better you avoid taking a power of attorney deed in your favor for such things .

The legal hassles may arise on this in future from the other legal heirs

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

For mother death certificate, Authority letter is sufficient.

For L H C, POA will work.

Yogendra Singh Rajawat
Advocate, Jaipur
23005 Answers
31 Consultations

Yes he can.

Prashant Nayak
Advocate, Mumbai
32698 Answers
208 Consultations

If he individually cannot go for getting the above mentioned documents, then he can authorise you to get those, by showing the proof that you are authorised.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

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