Hi, My father deceased recently in India. He was an Indian Citizen residing in UP. - My mother is an Indian Citizen as well but she now resides in Canada as a Permanent Resident. She moved soon after my father's death. - My Brother is a Canadian Citizen and he resides in Canada. - I am an Australian Citizen and reside in Australia. My parents had bought an apartment which was being constructed at the time and is now ready for registration. The developer has asked for a death certificate (which we have) and also a legal heir certificate to register the property just in my mother's name. We have no idea what this legal heir certificate is, what should it say and whether it can be obtained while we are in our respective countries. As you can imagine travel isn't possible during the pandemic. The property developer has also said that a succession certificate will not be required this property registration change. We are unsure if this correct. I'd really appreciate if someone can help with this. Many thanks
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Legal heirs certificate can be obtained from tahsildar office by applying any one of family members name and can obtain from court.
If you give vakalatnama to any local lawyer of your area or take the help of any family friends in this regards.
Just need to provide application all legal heirs name and identity proof.
Along with father's death certificate.
You need to approach local court in UP for issue of legal heir certificate
2) enclose death certificate of deceased father
3) details of legal heirs
4) no objection affidavit of you and your sibling for issue of legal heir certificate in your mother favour
5) pay the court fees
6) it should not take more than 6 months for issue of legal heir certificate
An heirship certificate is granted by the Court on being petitioned
In lieu of an heirship certificate, a letter of administration can also be obtained from court
Succession certificate is for moveable properties
So you will have to petition to the Court to grant either heirship certificate or a LA, through a power of attorney holder in India since you and other legal heirs are not in India
1. Legal heir certificate declares that applicants are the legal heirs of deceased.
2. If you are unable to come to India presently then you will have to execute a General Power of Attorney in favour of a blood relative in India to authorise him to apply for legal heir certificate for and on your behalf.
Sir/Madam,
The legal heir certificate is issued by local tehsildar/SDM and you apply for the same online and it is also made available in about 15 days by the concerned authority.
Since your father died in India you may have to obtain legal heirship certificate from the revenue department under whose jurisdiction your deceased father lived for a year or more preceding the date of his death.
Your mother and all his children have to apply for legal heirship certificate together jointly as all of you are legal heirs to succeed to the estates of your deceased father.
If the property is yet to be registered then you may give NOC in favor of your mother to register the sale deed in her favor.
You may have to engage the services of a POA agent to carry out the task on your behalf during your absence in India.
sir
legal heir certificate is issued by the SDM of your area (where property is situated or where you reside in india). you can apply for it alongwith the required documents which you can see on the website of the local government. then someone can apply for it and it will be issued soon. (legal heir certificate is a document where the names of legal heirs of deceased are given)
good luck
1. Succession certificate is required for claiming movable properties like amounts kept in Banks etc.
2. You shall have to obtain legal heir certificate from the ward counselor of your Municipal Corporation in India.
You can apply for legal heir certificate from court and get the same by serving notice to all legal heirs if any
