• Legal heir/succession certificate

I want to know about procedure for Legal Heir Certificate/Succession Certificate because one of my relative in our family expired. He does not have married nor any will had made. The value of the movable and immovable property may around 50 L. Kindly provide exact procedure how to approach legally. Earlier it was issued by MRO, now I got some information it has changed is it correct or anything else amended the law.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) since deceased died intestate leaving behind movable and immovable properties you need to obtain letters of administration from district court

2) enclose relative death certificate . Mention name of legal heirs of deceased

3) it does not take more than 6 months

4) you have to pay court fees depending upon market value of property and as per court fees act of state

5) succession certificate is only for movable properties and has to be obtained from district court

6) legal heir certificate will not serve the purpose . lHC also has to be obtained from court

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

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1) Earlier legal heir certificate's were issued by Mandal Revenue office. Now due to supreme court guidelines, MRO can issue Family Member certificate only.

2) A legal heir certificate is different from Family member certificate.

3) Legal heir certificate is used for distribution of properties of the deceased if the deceased did not make a WILL

4) Since your relative is not married, you can get a Family Member certificate from Mandal Revenue office and based on family settlement agreement all of the family members can divide the properties amongst themselves by executing a registered family settlement agreement.

5) Alternatively, you can also approach the court for distribution of properties( for issue of succession certificate) amongst the family members and in accordance to Hindu Succession Act , based on following:

a) Family member certificate of deceased.

b) Details of movable and immovable properties

6) A family settlement agreement is preferred as it is an agreement based on mutual consent amongst family members and it is cheaper and faster compared to courts.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

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The MRO can issue legal heirship certificate for the class I Legal heirs of the deceased alone.

This person is reported to be unmarried, whether he is survived by class I legal heir, i.e., at least his mother?, if not then the MRO has no power to decide about the class II legal heirs.

You have to file a suit to declare the class II or other legal heirs of the deceased through a suit before the court competent.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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