Hi Sir, This question is asked on behalf of my 70 years aged father. My father is the eldest of the 7 siblings who are alive. Both my grandfather and grandmother passed away. My grandmother has left a will and it has a stated land to be inherited by her daughters i.e., my aunts in equal share. As stated in the will, my father is leading that effort of transferring that land from his mother to his sisters. To exercise this process, as one of the requirements, the local VAO has asked to produce colour photocopy ID (aadhaar) of both beneficiaries and as well as my grandmother. My grandmother passed away in 1997 and at that time she didn't possess any photo ID proof except for an expired passport which we are unable to trace it now. VAO is demanding the photo ID citing that is the procedure to obtain legal heirship. Given that we do not have a photo ID of my grandmother the process is in a deadlock state. Perhaps, the death certificate was obtained in local panchayat office but it appears a photo ID is needed. Hence seeking your advise as how to proceed further without a photo ID? Also it would be good if you can advise in detail the process for transferring the said property from my grandmother to aunts as her legal heirs.
1)file testamentary petition for probate of will from district court
2) enclose her death certificate
3) mention details of her property
4) notice would be issued to legal heirs
5) if no objections are received you would get probate in 6 months
6) then apply for mutation of property in name of beneficiary of the will
1) You have to visit circle office for to insert legal heirs or siblings name on the record. Kindly visit nearest Gram Panchayat. Along with your grandmother death certificate.
To obtain a legal heirship certificate important document is the death certificate of the deceased and any document to show the proof of his residence immediately before his death. Submit the application attaching thee above two documents to the jurisdictional Tahsildar, who after an inquiry by VAO/Revenue Inspector, based on their reports, shall issue the certificate desired.
See if there is will then for same approach the probate court for probate of the will the court will pass order on same and there shall be no difficulty on same.
1. Approach tahsildar office and submit an application for legal heir. If they refuse, that order can be challenged in curt of law to accept available proof.
2. Get a copy of WILL certified by district court to transfer the respective shares.
G.Rajaganapathy
The demand for photo identity card of your deceased grandmother by the VAO is not justified especially if she is reported to have died around 20 years ago.
Whether the Will is a registered document or unregistered?
Even otherwise, if there is an application before them, it is the duty of the VAO to enquire about the genuineness of the claim made by the applicant by visiting the spot and by making discreet enquiry in the surrounding.
You may ask the VAO to give it in writing rejecting your application for this reason, after which you can prefer a representation in writing before the Tehsildar about this.
Let the Tehsildar also reject your application citing the same reason, you may subsequently approach the District collector with an appeal against this decision which is contrary to the prevailing law of the land in this regard.
There is no law prescribing this requirement as mandatory hence you can very well fight against this unjustified and unlawful demand made by the VAO.
you can get it transferred through will. will has legal effect and sanction for transfer under succession law.
Dear Cleint,
VAo is idiot, what is the need of Legal heir certificate, by virtue of WILL, daughters are absolute owner and on the basis of WILL only, land will transfer in their name.
It`s testamentary succession not intestate succession. WILL is enough. grand mother role is over.
merely obtaining legal heirship will not aid in transfer of the land to beneficiaries as per the Will
even if your father gets a legal heir, as a mere legal heir he does not have power to transfer the land to his sisters
also any revenue authority or land authority will not transfer the land on basis of legal heirship
what you need is a letter of administration from court
for this a petition has to be filed
your father can become the administrator
in the above capacity he can then transfer the land to the legatees named in the Will
the transfer will be by way of registering transfer deeds in favour of the legatees
no stamp duty is payable on such transfer as its mere transfer to legatees
Your aunts have to simply act on the Will. There is no need for any further action on their part to possess and enjoy their share of the legacy as stated in the Will. For mutation of the Revenue records such as the patta, they may be advised to approach the Tahsildar concerned, and comply with the procedure.
Dear Sir,
The High court has wide powers to relax such condition color photo and direct the revenue authorities to issue legal heir certificate without insisting the same. You will get work done if you approach High Court.
1. Since there was a will made by your grandmother and if it is registered then it came into force immediately on her demise. As a corollary to this, your aunts have become the co-owners of the property. Now the only thing left to be done is transfer of property in revenue records.
2. If no photo id is available then file an application to the VAO to exempt you from producing the photo id. Also file an affidavit to support the application. If he still does not proceed further then you may file a writ petition in the High Court.
Hello,
File a declaration suit and get a declaration to this effect that there is no photo ID and that the following are the legal heirs of the said person.
Regards
