You should apply for and obtain legal heir certificate if family member certificate is not accepted by the registrar if firms
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Family member certificate
My Father was a govt empolyee and got volunetery retirement and started a business and doing works contract in govt sectors me and father were partners in the firm,recently he expired due to ill health and left no will.....after which i applied for family member certificate and got issued by MRO which inluded me, sister ,mother.....meanwhile i took my wife as my partner in place of my deceased father to furdhur run the firm while applied for reconstitution in govt dept of the firm i submitted all documents along with family member certificate and no objection affidavit from my mother and sister..now the dept authorities are not acccepting the family member certificate issued by MRO and asking for a legal heir certificate kindly advice wat can i do?????
Asked 5 years ago in Business Law
10 Answers
1) You can apply for the legal heirs in the court and submit to him the officers.
contact with a good lawyer and file papers before Local Court and making your sisters and mother as partys. The Court will hear and after no objections from your sisters and mother and other possible legal heirs as well as news paper publication decree will be passed confirming that you are the legal heir for the property of your father.
See obtaining a legal heir certificate is not a hard task you can apply with the tehsildar and further can get a legal heir certificate.
See in case your wife shall not get legal heir certificate as she is not legal heirs best recourse would be get legal heir certificate make supplementary deed for firm wherein .Retire another and sister and add your wife as new partner and further you all can sign the supplementary deed.
Please approach the court of law as per jurisdiction and get an order / decree stating that your mother of sibling or you are the legal heir. Please take help from a lawyer. Before that please issue a legal notice to the department in the name of your mother or yourself and evoke a proper clarified response.
1. There is, legally, nothing classified as Family member Certificate. For claiming your rights over movable or immovable properties, you need to obtain Legal Heir Certificate or a Succession Certificate from the local Civil Court.
Keep Smiling .... Hemant Agarwal
Dear Client,
Legal Heir certificate will be needed but in your case, when there is no objection and mother sister already given NOC than what the need to apply for LHC.
Well, have to apply local tehsildaar tfor LHC.
Get the legal heir certificate from revenue office of district. Its necessary. or you can obtain succession certificate from court.
If the authorities insist on the legal heirship certificate then you have to once again approach the revenue department for this.
The family certificate may not reveal the correct particulars of all the members of the family hence you would have been directed to obtain to obtain legal heirship certificate.
You apply for it, you will certainly get it, if they refuse then you can approach court with a petition seeking succession certificate.
Hi
1) Unfortunately Section 42 of Partnership firm is NOT applicable in your case as the partnership comprised of you and your father.
2) So technically when there are only two partners constituting the partnership firm, on the death of one of them, the firm is deemed to be dissolved despite the existence of a clause which says otherwise. A partnership is a contract between the partners.
3) Ideally before taking your wife as a partner, you should filed for no objection certificate of your mother, sister and yourself, for your wife to step in to shoes of the father.
4) However the department is also wrong in asking for Succession certificate from court, when the legal heirs are willing to submit the no objection certificate for your wife to step in to shoes of your father.
5) All you need to do is that
a) Finalise the accounts of partnership firm
b) Appropriate share of each partner( yourself and your deceased father).
c) Get no objection of your mother, sister and yourself stating that the accounts of firm are clear and accepted by them
d) Get the 2nd no objection from your mother, sister and yourself that their (your deceased father's share) of firm has now been transferred to your wife and that they have no objection henceforth.
e) Register the partnership firm (new partners) with all no objections(mother, sister) at sub-registrar office and obtain a certificate from Sub-registrar office. It will cost Rs3500-/-.
f) Obtain a certificate from Registrar of firms and continue the partnership business.
Hope this information is useful.
