• Legal heirship certificate to inherit a property

My wife expired and we have no children. I have already obtained legal heirship certificate issued by the Tahasildar Palakkad taluk, Kerala. Wife was a government servant and lived have already received all the service benefits by virtue of the LHC and I am also receiving family pension. M wife has a property in her name which I want to dispose of. As per the LHC I am the only legal heir and whether I can use the same LHC to sell the property consisting of 12 cents of land and 2000sft house
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1. The LHC is valid enough document to prove your inherited right as her only legal heir.

2.So you can very well go ahead in selling the proeprty standing in her name.

3.Howvwer do note that the sale proceeds form sale of this property would attract Capital Gain Tax.

Devajyoti Barman
Advocate, Kolkata
23579 Answers
534 Consultations

1) you need to obtain letters of administration from district court as your wife died intestate

2) mention detail should of the property

3) letters of administration takes around 6 months

4) contact a local lawyer

5) on basis of LHC you cannot sell immovable property standing in wife name

Ajay Sethi
Advocate, Mumbai
98931 Answers
8048 Consultations

On the strength of the LHC, approach the Authorities for mutation of your name as against the name of your deceased wife in the revenue records. Once the mutation is done, you are free to sell the land/property.

Vibhanshu Srivastava
Advocate, Lucknow
9743 Answers
320 Consultations

Hii, yes you are a class 1 legal Heir .. You can sell the property on the base of legal hire certificate

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Yes you can sell the land on the ground of LHC since it clearly discloses that you are the only surviving heir, but the local authorities might ask you to get a succession certificate as well.

Therefore, it is advised that you go the registry office and confirm that whether the LHC will work or not, anyways before selling the land you will have to get it transferred on your name.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

The legal heirship certificate already procured shall be sufficient to prove that yo are surviving legal heir, this shall be enough to sell all the properties that you have inherited from her after her death.

T Kalaiselvan
Advocate, Vellore
89133 Answers
2442 Consultations

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