• Legal heir certificate for transfer of property

Hi,

My father in law expired last year. He was resident of Jodhpur Raj.
He had a property booking in Noida UP with a builder. We applied for transfer of property in my mother in law's name. Her only 2 daughters have signed affidavits to agree for the same.
Builder is asking for legal heir certificate but in Jodhpur even on much inquiry we were not able to find who will isue such certificate and what is the procedure for the same.
We have checked with our lawyer, office of SDM, office of municipality of Jodhpur. None of them seems to be aware of this and the process.
Pls help on how we can get the legal heir certificate.

Regards
Nikhil Gupta
08978903784
nikhil.del@gmail.com
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1) ideal solution would be to apply for eltters of adminstration from court as father in law died intestate

2) enclose FIL death certifcate

3) the other two legal heirs can execute consent affidavit in favour of your mother . it should not take more than 6 months

4) for issue of legal heir certifcate you have to file petition before court . enclose father in law death certifcate , name of legal heirs .

5) legal heir certifcate is not for transfer of proeprty in name of the legal heir . for that you need letters of adminstration from court

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

1. You can obtain legal heirship Certificate from the revenue authorities who may be designated as Tahsildar, Revenue Inspector, Village Accountant, etc..

2. In the alternative you can prepare a Family Tree and notarise the same and submit it to the concerned Statutory Authorities.

Shashidhar S. Sastry
Advocate, Bangalore
5280 Answers
326 Consultations

5.0 on 5.0

The legal heir certificate is issued by tahsildar in Rajasthan. You just have to apply with a copy of death certificate of your father-in-law and identity proofs of his heirs.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) legal heir certificate would not take more than 6 months

2) petition for legal heir certificate had to be filed in court

3) your lawyer will draft the petition as per your instructions

4llegal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

Yes go to Jodhpur Collectorate which is housed in the building called KACHEHRI. The format would be available with any stamp vendor and it should not take more than a 2 weeks.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In general the legal heir ship certificate can be issued by the jurisdictional revenue department only that too after making discreet enquiries in this regard.

In some places the Tehsildar's office refuse to give such certificates.

In such circumstances you may draw a family tree or genealogical tree certificate, get it notarised and submit it to the builder which should suffice the requirement.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

You my call on the jurisdictional Tehsildar's office with an application in writing seeking legal heirship certificate in respect of the legal heirs of the deceased and can attach the death certificate of the deceased.

You can mention the reason that you require the same for the purpose of transfer of property.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

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