• Legal heir

My father had 700 square yards land propoerty in LB Nagar , Hyderabad purchased in 1968 which was then registered in his name .

Father had 5 sons and one daughter ( all married ) with children now. I am third son.

My father expired in 2007 . Mother is a survivor .

This year 2021 Daughter ( that is my sister ) expired in .March due to covid . Her son and duaghter are survivirs .

So far no legal heir certifictae taken . Some say legal heir is given by local govt authority and some say court gives legal heir . Some say state authorities take huge commision to give legal heir and better go to court .

My question :

1) which way to go to get Legal heir ? Process of getting ? Is it state or court?

2) Since duaghter has expired . Does it mean her children becomes legal heir ? what is their share if so . Does the surviving husband of expired sister also legal heir?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

Legal heir certificate/succession certificate  can be used for transfer of bank deposits, insurance claims, share certificates of the deceased family member and for the dependants of deceased  government  employee to claim pension benefits. Such certificates are not useful for claiming immovable property of deceased  ancestor. You have to apply for mutation of you name in Municipal  Records and change to property tax receipts in your name by producing death certificate. There are printed application for the purpose. Submit such application to municipal  authority after mutation of you name in the records as owner you can sell the property. for your information following  is form for legal heir certificate  in Telangana .

 

 

A FIX COURT FEE STAMP OF RS.2/- 

To

 

The Mandal Revenue Officer
.........................................Mandal
Hyderabad, A.P.

Sub: Application for Issue of Legal Heirs Certificate/ 
Family Members Certificate -  Requested - Regarding.

Respected Sir,

 

          I beg to submit that  my.................................................................................................
R/o.H.No.....................................................................................................................................................................................
expired on...............................................................He/She  as a pentioner.....................................................................
He, She was expired while in service working as a ...................................................................................................
in the office of the....................................................................................................................................................................
I have applied for legal Heirship certificate to submit the same at......................................................for getting to claim the
benefit for claiming Department  inner benefits. life time arrears appointment of my .......................................................
Smt./Sri./Kum.....................................................  to you for verification, I  may kindly be issued a Residential Certificate. 
On receipt of the Certificate from Mandal Oficer,  I will submit the same......................................................................
for the purpose of.....................................................................................................................

Name of the Family members are given below:

Sl.No.

Name of the family members

Age
Years

Relationship with
the deceased

Remarks/Status

1.

 

 

 

 

2.

 

 

 

 

3.

 

 

 

 

4.

 

 

 

 

5.

 

 

 

 

6.

 

 

 

 

7.

 

 

 

 

 

I therefore humbly request your good self to issue the in Legal Heir ship Certificate/Family member Certificate 
and submitted death certificate No...............................dated...........................................and pension payment  slip/service
certificate of his/her deceased of submitted herewith for kind per ................ and necessary action.

 

 

Dated:

Yours Faithfully

Name:

(                                                        )

Address:

 

Following is procedure to get the house transferred in mother’s name…

  1. Obtain legal heir certificate from MRO office through son of deceased, this certificate is not essential for transfer of immovable property legally but authorities ask for production of it at some places. Application form can be obtained from the office of MRO. The enclosures required are..
  2. Death certificate and proof of residential address of deceased (voter id, bank passbook, driving license).
  3. Aadhar of applicant.
  4. Ration card of applicant.
  5. Id card of applicant.  

If the application form and documents are found in order a formal enquiry will be conducted by revenue inspector and certificate will be furnished within one month.

  1. Registration of relinquishment deed…
  2. Execution a relinquishment deed by legal heirs in favor mother the stamp duty, registration  charges and transfer duty comes to 2% of the value of property.
  3. Mutation of property in name of mother in municipal records…
  4. With all the above documents apply for mutation of record in GHMC in the name of mother.
  5. Change in water bills and electricity bills…
  6. An application is to be made enclosing proof above to change the name in water works and electricity department.

Property is transferred in the name of mother.  

Any clarification can be sought.

 

 

 

 

 

 

 

 

Ravi Shinde
Advocate, Hyderabad
4522 Answers
42 Consultations

1. If you want to obtain legal heir ship certificate, you may have to submit an application  to the Tehsildar or the concerned revenue authority within the jurisdiction where your father is reported to have resided one year prior to his death. 

Since your father is reported to have died in the year 2007, the Revenue department may not entertain any application beyond 5 years from the date of death to furnish the said certificate.

You may have to file a declaratory suit before the jurisdictional civil court to declare the legal heirs of your deceased father after which the court judgment containing the names of the legal heirs of the deceased can be utilized everywhere.

2. The daughter is one among the legal heirs, hence her share in the property shall devolve equally on her own legal heirs consisting her husband and children.

 

 

T Kalaiselvan
Advocate, Vellore
87911 Answers
2368 Consultations

Legal heir certificate is issued by district court 

 

on demise of father mother , 5 sons and daughter are legal heir and have one seventh share in property 

 

on demise of sister her one seventh share would devolve on husband her children 

Ajay Sethi
Advocate, Mumbai
97713 Answers
7915 Consultations

The daughter whether alive or dead now also is entitled for a share out of her deceased father's property, hence her own legal heirs consisting her husband and children are entitled to her share out of the property.

Therefore you have to include heirs legal heirs during the process of executing the registered joint sale deed.

 

T Kalaiselvan
Advocate, Vellore
87911 Answers
2368 Consultations

 

1) sale deed has to be signed all legal heirs 

 

2) on demise of sister her husband and children are legal heirs 

Ajay Sethi
Advocate, Mumbai
97713 Answers
7915 Consultations

5 surviving sons and son and daughter of deceased  sister are the family members who are legal heirs to the property of father. all above seven descendants of father are Class I heirs under Hindu Succession Act.  There will be six equal shares all sons and children of deceased  daughter will share equally. As there are children surviving of sister, her has is not a legal heir.

Ravi Shinde
Advocate, Hyderabad
4522 Answers
42 Consultations

- As per law after the death of your father without leaving any WILL , his property would be devolved upon all the legal heirs equally i.e. your mother , five sons and one daughter will get 1/7th share each 

- Further after the death daughter , her share can be claimed by her husband , daughter and son equally. 

- You can apply to the Revenue authority /Tehsildar of your area for getting legal heir certificate after submitting details of all the legal heirs with the death certificate of your father. 

- Yes, on behalf of the daughter her legal heirs should singed the sell document , however all can give POA to any one for doing the transaction on behalf of all . 

Mohammed Shahzad
Advocate, Delhi
14839 Answers
225 Consultations

Only the mother if she is alive or serving siblings or yours including you. 

Prashant Nayak
Advocate, Mumbai
33015 Answers
214 Consultations

Dear clients,
   Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, 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.

Anik Miu
Advocate, Bangalore
10452 Answers
121 Consultations

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