• Legal heir certificate

My parents have expired ...I am the only child of my parents....I want to know whether I can go for legal heir certificate to claim for legal property heirship (immovable asset) and also bank FD's , pension claims , savings account, locker account....

I have read somewhere that legal heir certificate is easy to get and is made only in case of blood relationship.. Myself being only child, will this certificate can help me in getting my legal rights .. 

Thanx ... [deleted].
Mohit Malik..
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

Legal heir certificate is not for movable and immovable property 

 

2) you need to obtain letters of administration from Bombay high court as your parents died intestate 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Apply to tehsildaar, he will issue legal heir certificate in few days. For bank securities, mostly banks require succession certificate.

Try with LHC, still not agree than go for SC.

NO letter of administration required. Also heavy court fees.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Enclose death certificate of parents 

 

2) schedule of properties standing in your pate ya name 

 

3) pay court fees of Rs 75000 

 

4) LA takes around 6 months 

 

5) legal fees depend upon lawyer engaged by you 

 

6) I can help you in obtaining LA from Bombay high court 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can go for succession certificate.  It will be applicable for both movable and immovable properties

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

You will have to apply for letter administration and succession certificate from testamentary court in order to be declared as the sole legal heir of your parents and tu inherited their movable as well as immovable properties  and to get it transferred in your name.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Letters of administration need to be obtained from Bombay High Court

For that you will have to file a petition and pay court fees

Depending on value of property, the max court fee is Rs 75k

Once court appoints you as administrator, you can then transfer the property of your deceased parents to your name by executing and registering transfer deed

This will complete your title in the property 

As both your parents have passed away, you will have to make 2 separate petitions, one for each parent 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

 a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See you can apply with the Tehsildar/Mamlatdar for a legal heirship certificate since you are only heir they will make it in your favour then you can submit same with bank to get amount and FD transferred though for bank they can ask for a succession certificate from the court. And further for immovable assets you can get mutation done in your favour by giving the certificate of legal heir, death certificate and the affidavit.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See since you are only heirs the need of the letter of administration shall generally wont arise you can get it mutated using legal heir certificate and the death certificates .

if there is objection in mutation then go for letter of administration from jurisdictional court , in letter of administration you have to pay court fee and once you receive from same you can get it mutated but in my view directly you can apply for mutation without it you won't face difficulty using legal heir certificate. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since  you  are the  only survivor or successor in interest to your deceased parents  to succeed to  their  estates including the  movable  properties, you may  apply for legal  heirship  certificate before  the  jurisdictional  Tehsildar's office .

After that you can apply for mutation of properties  to  your  name and  also can  avail  the  FDs and other amounts lying in banks and post offices etc.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Obtaining letter of administration from a couirt of law is not an easy job, in fact there wont be  necessity for that if the revenue authorities accept the  legal heirship certificate stating that you are the only successor in interest to succeed to the estates of the deceased who died intestate.

You may try this  option first, if this is not fetching the desired result then you may go  for  the letter of administration

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear sir 

You can obtain the letter of administration from the tehsildar.

The process of getting letter of administration is that you have to make an application in office of tehsildar for getting letter of administration along with death certificate of your parents. 

After due course of inquiry which will be done by subordinate of tehsildar and after that you will get the letter if administration.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

The following information may kindly be read:

Maharashtra Legal Heir Certificate

In the event of the sudden demise of the head of a particular family, the next direct legal heir of the deceased is responsible for cherishing the family’s existing legacy. In this article, we look at the eligibility and application procedure to apply for a Maharashtra legal heir certificate in detail.

Uses of the Document

Legal heir certificate will come in handy when there is a requirement to transfer an electricity connection, house tax, telephone connection, patta transfer, bank account, etc. When a government employee is deceased, the certificate is used to sanction family pension and to get a permit for compassion grounds. In addition to this, this document can state the relationship between the legal heir and the deceased which would be required to claim for insurance, pension, retirement benefits, service benefits or other central and state government schemes.

Documents Required

The following documents are required to obtain a legal heir certificate in Maharashtra.

  • An application form that is duly filled.
  • Death certificate
  • Identity card
  • Ration card
  • Death certificate

Necessary Information

The following information has to be known about the deceased to apply for a legal heir.

  • Name of the deceased
  • Details of the family members of the deceased
  • Applicant’s Signature
  • Date of Application
  • Residential Address

Eligible Nominees

Legal Heir certificate can be obtained only by the family members of the deceased. However, the applicant has to carry the death certificate of the deceased to apply for the certificate.

  • Wife of the deceased
  • Husband of the deceased
  • Son of the deceased
  • Daughter of the deceased
  • Mother of the deceased

Maharashtra Legal Heir Certificate Application Procedure

The following steps have to be followed to apply for a Legal Heir certificate in Maharashtra.

Step 1: Approach the Taluk Office

The applicant has to visit the Tahasildar or Taluk office. An alternate option to apply for the same is when the applicant can approach a lawyer from the District Civil Court.

Step 2: Receive the application form

The applicant has to obtain the application form from the concerned Tahasildar officer.

Step 3: Enter the details

The applicant has to enter all the required information in the application form.

Step 4: Attach the documents

Once all the details are entered, the applicant has to attach all the mandatory documents to the application form.

Step 5: Affixing Stamp

The applicant has to affix a stamp of Rs. 2 in the application form.

Step 6: Submit the application

The applicant has to submit the application form to the authorised officer in the Tahasildar office.

Step 7: Verification Process

The application is verified by the Village Administrative Officer and Revenue Inspector.

Step 8: Issuing the Certificate

After completing all the verification process, the certificate will be issued by the concerned authority mentioning all the legal heirs of the deceased.

Fee Structure

The applicant has to affix a court fee stamp of Rs. 2 on the application.

Processing Time

The time taken to process the certificate is 15 days from the date of applying.

Contact Address

Concerned Window,

Mumbai City Collectorate,

Old Custom House, Ground floor,

Fort Mumbai-01.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

This is my response to you:

1. To obtain movable properties you need to obtain legal heir certificate;

2. To obtain immovable assets apply for succession certificate or letters of administration from HC;

3. You must file a probate petition;

4. The time frame will be around maximum 8-9 months;

5. Consult a local lawyer, discuss full facts and then take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

You will have to get in touch with an advocate for getting the letters of administration. 

Fee would depend on the lawyer you engage and it will take 6 months for you to obtain the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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