• Legal heir certificate or succession certificate?

Dear sir,
My mother expired intestate leaving behind immovable property in Hyderabad. She is not a government employee. We are four siblings. Should we obtain legal heir certificate or succession certificate and is it from court or is it from MRO?
Thank you
Srinivas
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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24 Answers

You have to obtain Succession Certificate by petitioning district court 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1589 Answers
5 Consultations

You need to obtain letters of administration from district court as mother died intestate leaving behind immovable property 

 

succession certificate is only for movable debts and securities 

Ajay Sethi
Advocate, Mumbai
97608 Answers
7901 Consultations

For govt employees even collector office issues succession / heirshiip certificate. No need to go to court. 

Prashant Nayak
Advocate, Mumbai
32939 Answers
209 Consultations

Legal heir certificate by applying at tehsildaar office. 

SC dose not issue for immovable property neither it required.

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

For succeeding immovable property of the deceased who is reported to have died intestate, you  just obtain a legal heirship certificate from the revenue department.

Succession certificate is for the movable assets only and not for immovable property.

 

T Kalaiselvan
Advocate, Vellore
87810 Answers
2365 Consultations

- After the death of your mother intestate , her property would be devolved upon her legal heirs i.e. your father if alive and for siblings equally. 

- You can apply for getting Legal heir certificate from the office of Tehsildar after giving details of all legal heirs , and further after getting this certificate ,you can apply for getting mutation of the property . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

You need to obtain legal heirs certificate from tehsildar of your city.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

You should act as per your lawyer advice 

 

succession certificate would not serve the purpose 

Ajay Sethi
Advocate, Mumbai
97608 Answers
7901 Consultations

You did a great mistake. 

If heirship certificate takes care of your requirement then there is no need to go for Succession certificate. 

Withdraw the proceeding. 

Devajyoti Barman
Advocate, Kolkata
23351 Answers
523 Consultations

- Since, there is no dispute on the property amongst the legal heirs , then no need to approach the Court for getting a succession certificate , and just apply for getting Legal heirs certificate from the Revenue office /Tehsildar. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

You have been misguided by the said advocate. 

There's no necessity for succession certificate in this situation. 

You can very well withdraw the case filed already. 

You can approach revenue department and obtain legal heirship certificate which is sufficient to transfer the revenue records to your name. 

T Kalaiselvan
Advocate, Vellore
87810 Answers
2365 Consultations

Dear Client,

You have to get Legal Heir certificate from Court.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Yes definitely you may do so  and may withdraw incase all siblings have no disputes about particular % of share in the property. 

You may withdraw the suit and file legal heirship certificate from the office of the Tehsildar for asserting right over the property of your mother as legal heirs. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

It will issue by MRO/Tehsildar office only not by court. Minimal fees. Y

our advocate is fooling you.  Withdraw the petition. Court has no role

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

Yes you can withdraw it. But check the same in Thaisildar office first

Prashant Nayak
Advocate, Mumbai
32939 Answers
209 Consultations

1. You need to obtain legal heirs certificate from MRO because it is required for transfer of immovable property on name of legal heirs.

2. You can obtain succession certificate from court but it cannot be used to claim immovable properties as it is for movable assets like Bank accounts, shares and mutual funds etc. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

He must have filed the petition for succession Certificate, which you don't require, you need legal heirs Certificate and that will be issued from Tehsildar. So go ahead to withdraw the petition if all the payments have not been made.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

if the deceased was a government employee then this certificate will issue by Tehsildar.  legal Heir certificate can be obtained by approaching the area/taluk Tesildhar, or from the corporation/municipality office of the respective area, and from the district civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Dear sir, 
The said certificate is to be obtained from MRO office only and not from court. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

In case if a person dies intestate in such cases, by issuing Letters of Administration (LOA), an administrator is appointed by the Court to administer the estate of the deceased person.

If the estate has only movable assets then Succession Certificate is issued.

If the estate comprises of both immovable and movable assets or only immovable assets then Letters of Administration is required from the court in order to administer the estate of the deceased.

WHERE TO APPLY:

The District Judge, within whose jurisdiction any property, movable or immovable, is situated or the deceased resided, immediately, before his death, shall be having the jurisdiction to try and entertain the Petition.

PROCEDURE FOR GRANT OF LOA:

  • The Applicant has to approach the concerned District Judge and file a petition seeking grant of LOA.
  • The petition has to be rightly drafted mentioning all the requirements as per the law like details of death of the deceased, details of other surviving legal heirs and beneficiaries, the right in which the applicant claims, description of assets and amounts, etc.
  • Along with the Petition, all the relevant documents have to be annexed like the death certificate, relationship proof, property related documents and other documents that the court may require.
  • After the filing of the petition, the District Judge will examine the Petition and registers it and issue notices to those who may have an interest in the property/s of the deceased and the concerned court also ask for publication of notice for the general public in a daily newspaper calling objections, if any.
  • The Court may require further evidence to establish right of the petitioner to the letters of administration
  • The Court, if satisfied, will pass an order for grant of LOA in favor of the Applicant.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Your advocate from Hyderabad, is correct.  Since 2006 the MRO is not  issuing the legal heir certificate.  It has to be obtained from Competent Court only as stated above.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

A legal heir certificate can be obtained by you and the property divided.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You have to obtain in from the court.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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