• How to file for declaration of legal heirs in New Delhi?

My mother died about 35 years go and my father died three years ago. My parents left a house without any will and there is cash in bank accounts without any will. We are three siblings. I need to know how to file for declaration of legal heirs in New Delhi? I do not have documents in my possession. My brother has them and is not willing to show it to me. I need to know the process for filing of declaration of legal heirs and how long will it take? What documents are needed?
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

Procedure to obtain legal heir / Succession Certificate

1) You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area.

2) The best approach would be to get in touch with the Taluk / Thasildhar office of your area they should be able to provide you with the certificate or in some cases you might be asked to contact a lawyer in District Civil Court to get it done.

3) Based on the report of the Village Administrative Officer and Revenue Inspector and after due enquiry, this certificate is issued by the Concerned Authority mentioning the names of all legal heirs of the deceased.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

4) Required Documents

a) Death certificate

b) Identity Card

c) Ration card

d) Prescribed application form

5) Office Locations & Contacts

Concerned Department

Taluk / Thasildhar Office or through the District Civil Court of your area.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

6) Approach the District Thasildar office with the death certificate and produce the form.

7) All required documents to be submit while lodging the application.

8) It will take around a month to process all the necessary information and receive the certificate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Apply for and obtain letters of administration from HC as your father died intestate

Enclose father death certificate

Schedule of immovable and movable property

LA takes around 6 months

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. The house has devolved through intestate succession on all three children equally. So they can apply for mutation of inheritance by annexing a copy of their documents of identity and death certificates of parents.

2. In so far as savings account is concerned, if there is no nomination made by them then the legal heirs will require a Succession Certificate to realise the amount lying in the account. A petition for grant of Succession Certificate will have to be filed in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You need to get share certificates from the district magistrate office from the respective district in Delhi and submit to the bank and for transfer of property in nagar nigam

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

File a petition for grant of letters of administration

Court will appoint an administrator who will then administer the estate of deceased and transfer his properties to his legal heirs as per law of intestate succession

Even you can become an administrator

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

You need to obtain a Legal heirship certificate.

Legal Heir (surviving member) certificate is issued by the concerned SDM office.

Certain documents like Death Certificate, Affidavit, Id proof are required to be submitted along with the application request.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

hello

a declaration suit must be filed by you in the court as per the residence of your parents which has jurisdiction over you.

any person entitled to any legal character or to any right as to any property, may institute a suit against any person denying, or interested in denying, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any relief.

Provided that no Court shall make any declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.

Any person who has any legal character or any legal rights as to any property by virtue of title deeds or otherwise may file a suit for declaration of those rights and for an injunction against any person denying or interested to deny his title to such character or right.

Any person can file a suit for declaration and injunction with regard to any legal character or rights as to any property against any person who is denying or interested to deny his title or such character. In a suit for seeking declaration with regard to a right or title in respect of property along with consequential injunction the Plaintiff will have to pray for a declaration as contemplated under section 34 of the Specific Relief Act, 1963, an interim injunction during the pendency of the suit under order 39 of the Civil Procedure Code 1908 and a mandatory injunction under section 38 of the Specific Relief Act, 1963.

Order 39, Rule 1(c) provides that temporary injunction may be granted where, in any suit it is proved by affidavit or otherwise, that the defendant threatens to dispose the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court otherwise may by order grant temporary injunction to restrain such act or make such other order for the purpose of staying and preventing or dispossession of the plaintiff or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as court thinks fit until the disposal of the suit or until further orders. Rule 1 primarily concerns with the preservation of the property in dispute till legal rights are adjudicated. An injunction is a judicial process by which a party is required to do or refrain from doing any particular act. It is in the nature of the preventive relief to a litigant to prevent future possible injury.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Sir apply for succession certificate for the movable property with the court and further file an application for mutation of the house in name of three siblings. File an application along with death certificate and copy of family rasan card and id proof for the mutation.

Further give notice to your brother to produce details of all the bank accounts and property. if fails file for succession certificate and give notice through court to produce the details,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You shall have to obtain legal heir certificate from the ward counselor of your local Municipal Corporation for claiming your share of the immovable properties left by your father.

2. For movable properties like FDs, Bank amount, MFs. articles kept in locker etc., you shall have to file an application before the Court praying for succession certificate and in that application, you shall have to give details of the movable properties for which the succession certificate has been sought.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Instead of filling delectation, file for partition and for bank monies - succession suit.

Mr. Anupam best lawyer for succession cases.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

For obtaining legal heirship certificate you may have to approach the revenue department within your jurisdiction, submit an application requesting legal heirship certificate in respect of the legal heirs/successors to your deceased father's property and enclose a copy of the death certificate.

\You may include the names of all the siblings in the application.

It may take 15 to 30 days for processing and procuring the certificate, after which you may issue a legal notice to the bank to not to disburse the amount to anyone until it is decided by court or all the legal heirs jointly apply for disbursement

After that you may file a partition suit seeking partition and separate possession of your legitimate share in he property

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

you do not need the actual property documents

if you known the details of the property like whether its a land or flat, location, etc. that will suffice

once the administrator is appointed by the court, he can then make an application to the court to give a direction to the legal heirs who have knowledge about the details of the properties left by the deceased, to make proper and full disclosures to the court

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

1. First of all you can file a partition suit claiming your share of the immovable properties of your father address of which are known to you.

2. Thereafter enquire from the banks where you think your father might have accounts or FDs or locker.Then write a letter to the bank not to allow anybody to operate the accounts without Court order since your father has died intestate.

3. Now, you can apply for succession certificate for the movable properties whichevervis known to you at present.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

For obtaining the legal heirship certificate you need ot have all those details.

First you obtain the said certificate from the competent authorities and then you initiate further steps

If you are in doubt about it then you may approach an advocate for assistance in this regard.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Take search in sub registrar office and obtain certified copy of sale deed from registrar office

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Once case will file, court will summon all the details.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firslty, Sir, as you have stated in your query that they have died without living any will.

Secondly, whcih means that all the property whether movable or immovable it in banks or LIC if any would go to all the legal heirs including you.

Thirdly, first you should apply for the succession certificate in the Cucil Court of Law of your Jurisdiction.

Fourhtly, then file a suit for share in property where your brother would also come up and show everything that he has, and if he denies then he himself can’t use that all money and property otherwise would go in jail for sure.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

a declaratory suit helps you in this respect as the persons holding possession of the property, movable, immovable have to declare to the court the properties and then the property may be partitioned. make your bro and other persons a party to it.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

A petition for grant of Succession Certificate has to be filed by the heirs. Once the Succession Certificate is granted the liquid assets can be realised.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi, You need to file the partition and declaration suit in the district court and make the sibling having documents as respondents.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Property papers can be obtained from the sub registrar office the certified copies further for bank accounts you can file succession certificate and the file an application in notice to.defendants to produce the details.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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