Dear Client,
All 4 are class II Legal Heir of deceased. Apply for Legal Heir Certificate at Tehsildaar office.
We have a Room in Mumbai which was purchased by my elder paternal uncle(Unmarried) who is expired now. We don't have registration papers and even the HSG SOC doesn't have nomination papers. Now My father has 2sisters(1 unmarried) and one brother in total 4 siblings are still alive. Now we need to transfer the room and we have given NOC to the hsg society. However, they are asking us to prove that my father is the sibling of the expired husband. Please let me know how we can prove it. Thanks in Advance
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Dear Client,
All 4 are class II Legal Heir of deceased. Apply for Legal Heir Certificate at Tehsildaar office.
Does this legal heir certificate is applicable for Mumbai also? As this room is located in Mumbai
Apply for and obtain letters of administration from high court
2) enclose death certificate of brother
3) notice would be issued to legal heirs
4) if no objections are received you would get LA in 6 months
legal heir certificate would not serve the purpose
you need to obtain letters of administration from Bombay high court
You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area.
Sir get a family member certificate/legal heir certificate from the Tehsildar that would prove that they are family members.
Legal heir certificate is not required
You need letters of administration
Room was owned by uncle
He died without a Will
So room will go to his legal heirs who are mother, widow and children
As uncle was unmarried he would not have a widow and children
I assume your grandmother on paternal side has also passed away prior to your uncle's demise
In that case the room will go to class 2 legal heirs who are siblings
So your father will have to obtain LA
Administrator appointed under LA will then transfer room to your dad by executing and registering transfer deed in his favour
You can submit this transfer deed to society and it will transfer room in your dad's name in society records
However getting LA is time consuming and expensive, but is only way by which proper title will be conferred on your dad
1) Yes, you can get legal heirs certificate from court plus succession certificate.
2) While making application you should mention family tree from your great grandfather, so it will easy to understand everyone.
Your uncle was unmarried so here in absence of legal heir class 1 this room goes to legal heir class 2 (your father and his 2 sister,1brother)
I absence of will , nomination and also you don't have registration papers
proceed for obtaining letter of administration from high court enclose death certificate of deceased
Court proceeds with issuing legal notice to legal heir ,once the legal heir give NOC you would get letter of administration
And after procedure of administrator room transferred to your father
This is my response to you:
1. You will have to obtain letters of administration from high court;
2. If you need proof to show that your father is related to the expired person, then obtain legal heir certificate;
3. There are three office districts for obtaining legal heir certificate in Mumbai;
4. You can approach Andheri, Borivali or Kurla tehsildar office;
5. Consult a local lawyer, state full facts and then take legal steps.
If the housing society is demanding the proof of your father's relationship with the deceased brother, you may have to produce any authentic or substantial evidence to prove their relationship, i.e., by producing a legal heirship certificate or by a family tree certificate or by obtaining a succession certificate through a court of law.