1) legal fees vary depending upon lawyer engaged by you
2) you can file it in Hyderabad or in AP or in Bangalore as your deceased father has properties in all 3 cities
3) court fees is state subject and varies from state to state
Legal heir Certificate fee
My father passed away 2 months back due to heart attack. We are 3 members now , mom, me and sister. We would like to apply for legal heir certificate / succession certificate. My dad was a private employee and passed away on Hyderabad aged 61, Hindu. We have 3 houses in dad's name and some land plots. 1 house in Bangalore , 1 in Hyderabad and 1 in Andhra Pradesh. The total valuation could be 3 cr. 1. What is the court fees for providing us the legal heir certificate. Will it be 6% of the valuation or is there any maximum limit. 2. Do i have an option of filing the case in Bangalore or Andhra Pradesh as the court fees rate is decided by state. As i can opt for a state with lower fee and if so, which state can it be. 3. What is the advocate fee for such a case.
Asked 6 years ago in Property Law
Religion: Hindu
22 Answers
1. What is the court fees for providing us the legal heir certificate. Will it be 6% of the overall valuation or is there any maximum limit of 75000. 2. Which state among Karnataka , Andhra and Telangana had the lowest cost fee
Asked 6 years ago
1.It's maximum of 75000 court fees in HC reducing as per the value of the property slab.
2. You need to file the same where the property is based
In Karnataka, a legal heir certificate is now only issued to the kin of deceased govt servants. Everyone else has to obtain a succession certificate through their jurisdictional civil court. It requires filing a suit before the court applying for this certificate.
2)The applicant can apply for a legal heir certificate by remitting a fee of Rs. 15. The legal heir certificate will be issued within 7 working days from the date of application.
3)In Andhra Pradesh, the value of the property is below Rs.10 Lakhs, the Administrator General of Andhra Pradesh is the issuing Authority of Legal Heir Certificate, where as the value of the property is exceeds Rs.10 Lakhs, you may approach Civil Court to get Legal Heir Certificate.
OPTIONS:
1. IF Father passed away without making a WILL, THEN file for "Letter of Administration" in any High Court, for "ALL" his properties, with mutual & joint signatures of all the residual legal heirs of Father. Maximum Court Fee would be 75000/- and advocates charges could be around 25K to 75K (depending on caliber of advocate).
2. IF property is to be sold off, THEN above is not necessary. Property can be sold off with mutual joint signatures of all legal heirs in the Sale deed as "Confirming & Consenting Parties".
3. A Family Settlement Deed also can be executed (stamp duty paid and registered), defining which property goes to which legal heir. This must be mutually and jointly signed all the residual legal heirs of Father.
A legal heir certificate can be obtained by filing for it in the district civil court.
The cases have to be filed in the court which has the jurisdiction ie the city and state.
Court fee would depend upon the state. It differs slightly.
Engage a local lawyer who will sort out these issues and pay the fee accordingly.
1) Court is a concerned State issue, as such, varies from state to state.
2) You can file case in Bangalore or AP.
3) Fee of Advocate varies based on his experience and exposure. Subject matter between you and him/her.
1 & 2) As the same varies from state to state, you need to take call, cannot follow one state's rules on the other state.
1. See a legal heir certificate can be obtained from tehsildar/mamlatdar for same you don't need to apply before court , you , your mom and sister based on such certificate can apply for mutation of property. Succession certificate is for movable assets if required or asked by bank same can be applied.
2. Apply for mutation of property where the property is situated.
3. Advocate fee shall be as per advocate you engage.
1. Legal heir certificate can be applied before the revenue authorities.
Dear Sir,
In Andhra Pradesh, the value of the property is below Rs.10 Lakhs, the Administrator General of Andhra Pradesh is the issuing Authority of Legal Heir Certificate, where as the value of the property is exceeds Rs.10 Lakhs, you may approach Civil Court to get Legal Heir Certificate.
Affidavit of the Applicant/Applicants on Rs.10/- Non-Judicial Stamp Paper. The particulars to be furnished by the applicant are (a) Full particulars of the deceased, his/her Occupation/Service and last known address. (b) Particulars of all the Legal Heirs of the deceased namely, name, age, Occupation and Address. (c) Claim Particulars of the movable or immovable etc., assets left behind by the deceased by filing original documentary proof of the same.
In case the Legal Heirs of the deceased have no objection for the grant of C.A. in favour of the Applicant/Applicants, to file consent affidavit on Rs.10/- Non-Judicial Stamp Paper.
Two Third Party affidavits of responsible persons in support of the Applicant/Applicants claim by giving details of their acquaintance, knowledge, etc., on Rs.10/- stamp paper.
Whether it is Applicant\'s other legal heirs giving consent or the 3rd parties they have to file proof of:
Ration Card or Aadhar Card
Voters Electoral Card.
Pass Port.
Service Proof. etc.
5. Original documents to be filed relating to the claim, moveable and immoveable assets of the deceased. Also documentary evidence (Share Certificate/Sale Deeds/Payments made towards house properties/rents/Water charges, powers charges etc., )
6. Prayer Petition Under Section 29 of the Administrator-General Act, 1963.
7. Vakalat of the Advocate.
8. All Affidavits have to be filed on ledger paper plus one copy, and one copy extra to each respondent.
9. Bata for each respondent.
10. In case the court issues notice to any Authority Institution, Department of the Government, Local Authority etc., bata to be deposited towards the same.
11. After the judgment is pronounced court fee has to be paid in cash under the relevant Head of Government Account and in accordance with the Court fees & Suits Valuation Act, 1956.
1. The legal heirship certificate is given by the revenue department and the fee for furnishing the desired certificate will be the nominal charges ranging between 200 to Rs. 300/-
Dont get confused considering the succession certificate to be obtained from a court of law in this regard, that is not required for the immovable property.
2. You can get the legal heirship certificate from the revenue department within the jurisdiction where your deceased father resided for more than a year before his death.
3. You do not have to engage the services of an advocate for this purpose.
1. There is no fee for obtaining the legal heirship certificate through Tehsildar's office except for the normal charges.
2. You can enquire the same or try to understand the law involved in it.
Dont get confused over the succession certificate to that of the legal heirship certificate.
Legal heir C will issue by revenue office where father had permanent address valid all over India. Maximum fees, 1000rs. Any local lawyer may charge up to 5k to10k for the process till issue.
No involvement of court neither Succession certificate issued for immovable property nor it is required.
75000rs court fees is for probate of WILL, dose not apply in your case.
i have dad's death certificate and the aim is to get all the properties (houses and land plots) into mom's name.. is legal heir certificate required. The MRO told recently a GO is passed saying it will issue legal heir certificate ONLY to government employee. My dad was private employee. So the local lawyer said the only option nowadays is succession certificate through court, it will take around 4 months and court fee is around 6% in Hyderabad. My BIG question is will the court take 6% of 3cr or is there a maximum limit). Is there a cheaper alternate . We stay in Hyderabad. (1 house in Hyderabad, Telangana. Another in Bangalore and another in Andhra Pradesh). Please suggest from where to do it too
Asked 6 years ago
SC dose not issue for immovable property. Poor advise by advocate. Tell MRO to show GO. He is faking.
1) succession certificate is only for movable debts and securities. It is not for immovable property
2) apply for letters of administration from district court
3) court fees is as per market value of property determined as per circle rate of the property
yes, legal heirship certificate is essential
if legal heirship certificate cannot be furnished then you can obtain surviving members certificate,
The family tree certificate or the genealogical certificate or the surviving members certificate can replace the requirement of legal heirship certificate for transferring the immovable property from the dead person's name to the successors in interest.
The succession certificate is required only for acquiring the movable properties lying in the name of the deceased person.
Hence you may decide that whether it is really necessary to obtain succession certificate from court for transferring the immovable property.
Alternately you can file a declaration suit holding the MRO, who refused to furnish the legal heirship artificer, as the defendant to get a direction to him to furnish the legal heirship certificate, after the court has declared the list of persons mentioned in your plaint as legal heirs in the declaration suit you have filed.
No legal heir certificate is not compulsory but in cases of interstate death due to objections and claims people prefer heirship certificate to get smooth resolution. The maximum court fee is 75000/-
Legal Heir certificate can be obtained by approaching the area/taluk Tehasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs' of the deceased person and is issued only after a proper enquiry.
1. You can get legal heir certificate from tehsildar of the division in which your father was residing before his death.
2. No need to file suit in court for getting legal heir certificate.
3. MRO cannot refuse to provide legal heirs certificate to family members of deceased even if that person was private employee or businessmen.
For property letter of administration has to be obtained from court succession certificate is for movable assets and debt.
A declaratory suit must be filed for declaration by the court that you are the heir to the property.
Telangana has lowest duty