Legal heir certificate is given by tahsildar and succession certificate is given by court. So if you have got it from court then it must be succession certificate so you do not need any otjer document to transfer the property.
Obtained legal heir certificate from court
Dear Sir/Ma'am, Myself and my mother obtained Legal heir certificate from court in Feb 2018 from sessions court Hyderabad . My father expired in March 2008. Is it necessary for us to obtain a succession certificate for transfer of immovable property in Hyderabad which is earned by my father or is the legal heir certificate which we obtained is sufficient for transfer of the immovable property? Please let us know as we are in confusion regarding the same.
Asked 5 years ago in Property Law
Religion: Hindu
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14 Answers
See in most of the cases like bank and other financial institution may consider same and can disburse the funds to you.
If they refuse then in that case for.movable asset you need to obtain succession certificate though mostly bank release same without succession certificate on indemnity bonds.
Legal heir certificate is an important document that helps identify the heirs or surviving family members of a deceased person.
A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will. It is granted by the court to realize the debts and securities of the deceased.
Dear Mujeeb Sir, I have obtained Legal heir certificate from court. Should I also apply for Succession certificate for the immovable property ?
Asked 5 years ago
See you can apply for the certificate if banks and other institutions refuse to disburse or transfer immovable property. Otherwise they can do same without succession certificate also.
legal heircertifcate is not sufficient for transfer of immovable property
2) succession certificate is for movable debts and securities
3) you need to obtain letters of administration from district court as your father died intestate
4) contact a local lawyer
Obtain letters of administration from district court for transfer of immovable property
- As per the information mentioned in the present query, makes it clear that you have obtained the legal heir certificate from the court of law.
- But, legal heir certificate is used to take money in account, insurance benefit, transfer of electricity connection etc. of the deceased.
- If you wish to transfer or claim any right in the immovable property of the deceased then you will have to look forward to obtain the succession certificate from the court of law.
You will have to obtain the succession certificate as well
You may note that as per the Indian Succession Act, Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities.
Regards
You are not required to apply for the same again.
You have to obtain succession certificate. File a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his death.
Succession Certificate is for movable properties
Legal heir cert. is sufficient for transfer of property to legal heirs
Succession certificate is not applicable for immovable property.
Legal heirship certificate will be sufficient for transfer of immovable property for the property that belonged to your deceaed father to your names.
I have obtained Legal heir certificate from court. Should I also apply for Succession certificate for the immovable property ?
Not necessary.