• Legal Heir Document

Actually My Mother died on [deleted] and all assets are in Mother name . And My Father also died recently. 

My sister and I are the legal heirs for my mother now. I have got a Legal Heir from the Court.

Do I need to apply for a Legal Heir again in the Mandal Office to get a Family Certificate from the respective Government for registration process and further on the property?
Asked 3 years ago in Property Law
Religion: Hindu

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11 Answers

The legal heirship certificate issued by ant government authority would be sufficient to inherit the properties left behind by the deceased who is reported to have died intestate.

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

You don’t need to apply for legal heir from mandal office . You don’t need a family certificate for registering proeprty in name of legal heirs

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

You don’t need it 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

Not necessary.

The legal heirship certificate is sufficient to get the property revenue records transferred in favor of the legal heirs.

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

No you don't need to apply if you have legal heir certificate from court

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Respected Sir,

You have to file a case for Succession Certificate in the concerned district.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

1. What do you mean by saying "I have got a Legal Heir from the Court"?

 

2. Under what circumstances and for what reason you had got the 'legal heir' from the Court?

 

3. With out the 'legal heir certificate' also you & your sister can register the partition deed diving and demarcating   the said property in your individual names and thereafter deal with your said shares.

 

4. However, for selling the property jointly, the buyer might ask for the legal heir certificate  for which you can show the said Court document.

 

5. If he is not satisfied with it then, obtain it by applying before your the Councilor of the ward of your local Municipal Corporation. 

Krishna Kishore Ganguly
Advocate, Kolkata
27460 Answers
726 Consultations

If you have a valid document issued by the Court certifying that you two are the legal heirs of your deceased mother's properties, then you are not required to have it any further for registering any deed of conveyance in connection with the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27460 Answers
726 Consultations

Hi 

Since you already have a legal heir certificate from court, there is no necessity to obtain family member certificate.

With a) The legal heir certificate issued by the court and b) The Death Certificate of your father, you should be able to execute any conveyance document (including settlement, partition, gift etc) at the sub-registrar office without any difficulty. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

- As per law. after the death of the mother , her property would be devolved upon you and sister equally 

- Further, court never issue a legal heir certificate ,and the Mandal office is the competent authority to issue the LR certificate , hence who issued the certificate from the court. 

- However, if you having the LR Certificate then you can apply for mutation before the revenue officer in municipal corporation to mutation the property in you and sisters name after submitting the death certificate and the said LR Certificate. 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

Dear Client, 

It is not mandatory to posses the Family Member certificate for the Registration process.

Thank you. 

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

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