Need to understand process for obtaining legal heir or Succession Certificate in my name as my parents and both siblings have expired. However I am married and living with my husband.When I approached local tehsildar he mentioned I cannot obtain the certificate as I am married and it's only unmarried daughters who can obtain the same. I don't think this is correct and hence need to know the process for obtaining certificate.
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Did your parents leave behind any wil ?
If they died intestate then apply for succession certificate if they left only movable debts and securities
If they left immovable properties then apply for letters of administration from district court
You have to file petition in district court
Enclose parents death certificate
Pay court fees . Notice has to be issued to legal heirs . If no objection is received you would get SC or LA in 6 months
1.The version of the Tehsildar ahs no absolutely no basis and married daughter is also now entitled to inherit proeprty of her parents .
2 However do note that the heirship certificate issued by Tehsildar has notmuch legal force. So apply for succession certificate from court.
3. meet an advocate and do the same which would be accepted before all authorities.Your amrtiasattsu has no bar to obtain such certificate.
The tehsildar who has informed that you are not eligible for legal heirship certificate in respect of your deceased parent is incorrect.
He cannot deny you top be a legal heir to your deceased parent.
You may ask him to refer the law of intestate succession wherein you will be found to one of the legal heir/successor in interest to your deceased parent's intestate property.
You may give an application in writing and ask him to endorse his reply in writing instead of orally rejecting the application after which you can make a representation before the district collector to get the relief.
