My father expired in Jan 2018. In total, we have three properties, two in Navi Mumbai and one in Pune. The two in Navi Mumbai are joint with my Mother and Father. The one in Pune is joint with me and my father. We just have to remove his name from the properties. I have a young brother (minor). I understand that the 50% shares would be distributed between my mother and we brothers. I want to know what all process we have to follow to get this done. If we go ahead with Legal Heir Certificate, does it pertain to a particular property or it is common and can be used for any property like Death Certificate? 1 Flat - Private Society - Navi Mumbai - Father & Mother 1 Flat - Cidco Society - Navi Mumbai - Father & Mother 1 Flat - Apartment - Pune - Father and me
1) you need to obtain letters of administration in the name of legal heirs for the properties standing in name of deceased father
2) if there is no contest you would get LA in 6 months
3) legal heir certificate would not suffice for transfer of property in name of legal heirs
Hello sir , you can obtain a single legal heir certificate from court by mentioning the list of properties in your petition ...
You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area. If it is uncontested you can get certificate within six months. This certificate is not legitimate in the property transfer matters.
Under Hindu Succession Act it not mandatory to produce legal heir certificate from court you just need to file an Affidavit of Legal heirs along with death certificate and the family certificate with the sub-registrar the title of the property shall be mutated in your name.
“There is no compulsion for any legal heir of a deceased predecessor to either apply for a succession certificate or an heirship certificate. In fact, as required by Section 2 of Bombay Regulation VIII of 1982, it is only when the heir is desirous of having his right formally recognized by a Court that he needs to apply to the Judge for a heirship certificate."
However if you want a legal heir certificate than you can apply to the revenue officer in local jurisdiction who has judicial power to grant the legal heir certificate along with the death certificate and other relevant family documets like ration card.
Name of the deceased
Death certificate original
Service certificate issued by the head of the department/office in case of serving employee
Ration card and Aadhar card
Pensioner payment slip issued by the office of accountant general in case of pensioner
Family members names and relationship
Applicant’s signature
Date of application
Residential address
An affidavit worth Rs 20 on a stamp paper
1. You won't have to remove your late father's name from the records of the Registrar as the co-owner of the properties. While selling of or dealing with the said flats, the legal heirs names of your demised father will automatically be written in the deeds duly mentioning the event of the death of your father.
2. However, before registering such deed of conveyance, your buyer shall ask for the legal heir certificate of your father which can be obtained from the ward counselor of local Municipal Corporation and for obtaing the said legal heir certificate, you shall have to file an application with an affidavit affirming the names of the legal heirs of your demised father enclosing his death certificate.
3. While mutating the name of your father in Municipal Corporation for the purpose of paying tax, you shall have to file an application along with his death certificate and also the legal heir cvertificate.
4. Your mother, you and your brother will have equal share of your father's share of the properties at Navi Mumbai and also Pune.
Legal heirs certificate does not have much legal validity nor does it demarcate the respective property.
You may know that all 3 of you will inherit the proeprty of your father or his share in it in undivided 1/3rd share.
Now f any one of you wish to relinah your 1/3rd share in favour of another co sharer you can do so through a deed of release or deed of relinquishment.
Another option is to make a mutual deed of partition.
The legal heir certificate is meant for entire properties of the deceased and the division is done on the basis of the share certificates
1) You can apply for legal heirs certificate in the court and mentioned all legal heirs name on it.
You'll need mutiple Legal Heirship certificates.
Legal Heirship certificates are issued by the Tehsildaar of the area within whose jurisdiction a property is situated; and for this reason, you'll require separate certificates.
the transfer of shares in flat will be done as per MCH society Act. so please talk to housing society secretary, here there will be two situations 1. has your father submitted any Nomination application if you then automatically the Nominee/s will be transfered the right of the share. if you there was no nomination than in that case you have to hire a advocated will draft all the appendix required for the transfer and the society will transfer the property than.
You can contact the society directly for the transfer. Under MCS Act without heirship Certificate transfer can be effected. You can use it as common heirship certificate.
Dear Client,
Legal Heir Certificate is needed for the heirs of a serving or retired employee, who deceased. If the head of a family dead then the next direct legal heir of deceased can apply for Legal Heir Certificate.
Mother share will rest in her and father holding will devolve by 1/3 each. So in other property, 50% is yours and rest 50 % by 1/3rd each.
Legal Heir certificate declares survivors, not holding/inheritance in property and will be used everywhere, where heir ship certificate will required.
1. The share of your father in the properties has devolved on his widow and both children equally. So you should apply for mutation of the properties in the name of legal heirs of your deceased father.
2. To apply for mutation you require the death certificate of your father and identity proofs of your own which can prove your relationship with him.
Dear Sir,
The procedure may be checked on concerned websites of concerned cities. Be informed that only one heirship certificate is provided you get sufficient notarized copies of above certificate. It is better to approach brokers or advocates in that field so that you can change the katha in your name and in the names of your family members without any trouble.
The legal heirship certificate is common for all properties and other issues.
The share of properties in which your deceased father was a joint owner, shall devolve equally on all his legal heirs.
In the property jointly owned by you, you are entitled to 1/3rd share out of your father's half share in it, similarly you are entitled to your legitimate share in other properties too.
This is applicable to other legal heirs to in the same manner
If you once obtain the legal heir certificate then the same is valid for all the properties, another certificate is not required for other properties
