• Family tree attestation / legal heir certificate

My wife passed away last year due to cancer and we have no children. She was non-government employee. We do not have a marriage certificate for our marriage registration due to the ill health for nearly 4 years and partial disability as well.

Now for some institutions, they require legal heir or family tree attestation. In Bangalore, they said legal heir is not given to private sector employees. Family tree attestation is getting rejected on the grounds that there are no children. 

Can you please advise and let me know how do I get hold of a document that states I am a legal successor.
Asked 6 months ago in Family Law from Bengaluru, Karnataka
Religion: Hindu

legal heir certificate is not for transfer of movable and immovable properties 

 

2) you need to obtain letters of administration from district court 

 

3) enclose wife death certificate. Schedule of properties 

 

4) LA takes around 6 months 

 

5) if your wife has left only movable assets then succession certificate would serve the purpose 

Ajay Sethi
Advocate, Mumbai
65426 Answers
3960 Consultations

5.0 on 5.0

A legal heir certificate should be obtained from the district court. It will clearly mention that you wrte her husband. Also there must be records of your marriage and her name change post marriage. They may also come in handy.

Regards 

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

since wife had 50 per cent share in flat on her demise you would need to obtain letters of administration from district court to claim her 50 per cent share as legal heir 

Ajay Sethi
Advocate, Mumbai
65426 Answers
3960 Consultations

5.0 on 5.0

Dear Sir,

You may get legal heir certificate from the following office if for any reason they do not issue then get file application for issuing succession certificate under Section 372 of Succession Act.

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FAMILY GENEALOGY FAMILY TREE IN KARNATAKA/

(SUCCESSION CERTIFICATE MAY ALSO BE OBTAINED UNDER SECTION 372 OF SUCCESSION ACT)

 

http://www.nadakacheri.karnataka.gov.in/

 

Please go online and apply for this application.

The link is under "Nadakacheri" website. 

1- It will only cost you 15 Rupee Per Application.

2 - Ex : Lets say "dad" has passed away, and mom is applying for family tree certificate, you need to include mom's name and sibling's name while applying .
3 - You need to get the estamp paper number before you apply.
You can contact the Notary or Some typing location near notary, they will help you with the contents.The affidavits need signature from Mom and siblings.

4 - On the portal , you will find the documents to submit .

Voter card , Aadhaar card, Death Certificate, Pan Card, Rationcard documents should be enough for you to get this . You need to upload your mom's documents.

5 - On nadakacheri website, you will get attestation for the family tree. The attestation is done by the revenue officer.
6 - As all government departments work, you might have to pay something extra. 

7 - You might get the documents in a weeks time.

Food Office

45, Dharmaraya Swamy Temple Rd, Halsurpete, Nagarathpete, Bengaluru, Karnataka -2, India

 ==================================================================================

Section 372 in The Indian Succession Act, 1925

372 Application for certificate. —

(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).

56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4243 Answers
108 Consultations

5.0 on 5.0

Dear client, 

Your application for LHC wrongly rejected. No such discrimination and certificates issues to every citizen without considering working status. File appeal against rejection order. Hire local lawyer, he probably deal with such idiot bureacrat. 

Yogendra Singh Rajawat
Advocate, Jaipur
12246 Answers
13 Consultations

4.6 on 5.0

If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

1. You shall have to collect the legal heir certificate from the ward counselor of your local Municipal Corporation for which he will ask you to  execute an affidavit affirming that you are the only legal heir of your wife. Such issuance of legal heir certificate is not dependant on your or herv place of employment.

 

2. Based on the said  legal heir certificate you can claim inheritance of all her immoveable properties  and fore moveable properties like bank FD, you shall have to avail succession certificate from the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
22351 Answers
587 Consultations

5.0 on 5.0

1.& 2.  You shall have to submit the legal heir certificate for claiming her 50% share of the flat by taking steps as advised in my earlier post.

 

3. You are not required to approach the Court for obtaining the legal heir certificate and the steps for obtaining it have been  detailed in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
22351 Answers
587 Consultations

5.0 on 5.0

Flat transfer can be done without succession certificate in Society for else you need succession Certificate

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

It depends on the claim that you may make which was due to her as her legal heir/successor in interest.

If it is any huge amount you may go for succession certificate through a civil court.

If it is not worth enough to approach court, then you make an affidavit duly notarised stating that you are the only legal heir and successor in interest to succeed her movable or immovable assets.

If this is not acceptable then you may have to file a suit for declaration to declare her legal heir.

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

For transferring the share of her property to your name, you need to prove with an authenticate document that you are the only legal heir to the deceased, if the affidavit is not acceptable then you may have to aproach court of law as suggested. 

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

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