• Can I obtain heirship certificate in single name

My mother expired six months ago and there is a property in Koparkhairne, Navi Mumbai
we're three legal heirs to the property - myself - her son, my sister and my father where my sister and father are ready to give me NOC for single name heirship in my name. How can I obtain it and what are the documents required and cost involved in it.

I would also require legal assistance in this matter
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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14 Answers

The highest certificate will be issued in all three names but you can get the property transferred in your name after taking relinquishment deed from the other legal Heirs and transfer the property in your name

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You need to obtain letters of administration from district court in your name 

 

2) your siblings can execute consent affidavit so that LA can be issued in your name 

 

3)enclose your parents death certificate 

 

4) details of property 

 

5) legal heir certificate would not suffice 

 

6) for obtaining LHC you have to file application in district court 

 

7) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99893 Answers
8153 Consultations

Dear Sir

You would require to execute a Relinquishment deed in your favor from the other legal heirs, this would serve as a no objection, no other document required as such. The cost will depend on what exactly do you want.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

You will have to file for letter of administration in civil Court wherein your mother's other legal heir can give a no objection certificate relinquishing their share in the property.

After getting letter of administration, you can get the property transferred in your name.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You can't get legal heir certificate in only your name, however, you can get succession certificate from the concerned court and the process will take approximately 6 months to 1 year. 

alternatively, you can file a civil suit against other legal heirs (sister and mother) claiming your right and if they don't contest court will decree in your favour. 

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

You have to file the same before collector office obtaining the same. You require death certificate, address proof, pan card, adhar card. You need to fill a form related to the same.

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

You would need to file a petition before the civil court (senior division) for Succession Certificate. 

Take appointment with me. [deleted] (nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Youhave to apply for the legal heir certificate at Tahasildar of your Taluka along with death certificate of the person and an affidavit.
In the affidavit you will have to show the legal heirs of the deceased.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

Hello, 

An affidavit from their end to relinquish the share along-with NOC will be required. 

Your family tree. 

Thereafter a suit will be filed in the court to obtain the heirship certificate. 

you may get in touch with a local lawyer to obtain the same. 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The property left by your mother has to be transferred to you since your father and sister have given their NOC for the same

So a heirship certificate will not serve the purpose 

You will have to obtain letters of administration from High Court 

The court will appoint you as an administrator of your mother's property and you can then transfer the property, in capacity of administrator, to yourself, with your father and sister being confirming parties in the transfer deed which will be executed in your favour

The transfer deed has to be stamped on 500 rs stamp paper and registered

You then need to submit this registered transfer deed to society and other authorities for transferring the property in your name in the various records maintained by such authorities 

This will complete your legal title to the property 

Costs involved will be court fees (max 75k), lawyer professional fees and clerkage and out of pocket expenses 

 

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

1. A joint application by all the three residual legal heirs have to be made before the local Civil Court, for "succession certificate", authorizing you to deal with the property in all manner, which includes Sale, Gift, Mortgage, Transfers or whatever. For absolute clear title for futuristic purposes and IF deceased has not left an will, THEN best is to apply for "letter of administration", from the High Court, with consent of all the three legal heirs of the deceased.

2. A Legal Heir Certificate is infructuous for matters related to immovable properties.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Sir you need to obtain a LOA(Letter of administration) from the district court, in same the father and the sister can give consent and can make an affidavit to give NOC to issue it in your favour.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

You can transfer in your name if the authorities accept in NOC from other co-shares otherwise you have to get heir ship or succession certificate.  Cost depends upon the advocate you hire depending upon his profile.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Your father and sister should execute a registered release relinquishing their rights in the property in your fvor.

This will take care of all other issues.

T Kalaiselvan
Advocate, Vellore
90095 Answers
2503 Consultations

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