Legal heir/succession certificate
My father expired in 2013. However, due to several professional reasons, i could not apply for legal heir and succession certificates till now. My father died in Bangalore. However, he has immovable properties in Tirupati, AP, a car under Bangalore registration, few shares and mutual funds.
My questions are- 1) are legal heir and succession certificate both same and serve same purpose.
2) I read somewhere that succession certificate is necessary to get car registration transferred to one of legal heirs in Bangalore RTO. Is it required?
3) We are 3 people who would be legal heirs- my mother, my sister, and myself. Should we all apply for the certificate and come to court for proceedings? My sister is in USA and gave POA to my mother. Can my mother apply for legal heir certificate along with me and on my sister's behalf?
4) Do we have to apply for legal heir certificates in Bangalore for transferring car and in Tirupati for transferring my father's immovable properties? And where should we apply for his financial investments?
5) Do we have to declare all his assets for this certificate separately or can we just get a blanket legal heirs certificate and then use it for transferring assets when needed?
I am looking for a legal adviser who can help us with these in Bangalore.
Asked in Family Law from Bangalore, Karnataka
1) Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs.
2) for transfer of car legal heir certificate would suffice
you would require Original copy of death certificate of the registered owner.
Affidavit by the applicant to this effect and from the other legal heirs relinquishing their right in favour of the applicant.
Attested copies of valid insurance in favour of applicant.
Attested copy of address proof of applicant.
3) A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. he petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.
The court, after examining the petition, issues a notice to all those concerned. It also issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner
4) for transfer of immovable properties you need letters of administration as your father died intestate . best option is to apply for LA and mention list of movable and immovable properties of your father namely the car , shares , mutual funds , immovable property in Tirupati . you can apply for LA i n bangalore wherein your father died
Difference between succession and legal heirship certificate
Legal Heir Certificate is issued from revenue office of the district to identify a particular deceased person living heirs.
A succession certificate is issued by a civil court to the legal heirs of a deceased person. 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 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. Succession certificate is required to claim movable assets valuables.
As per your query
1.No it has different purpose and also different procedure for getting the same .
2. Succession certificate is good for transfer the owner’s name of the car. For transfer of car, legal heir ship certificate would sufficient in some extent,please contact the RTO office.
3. You may apply for the succession certificate before the District court .POA is produced for your sister. All the heirs of deceased person are must be in party array in petition for getting succession certificate.
4. Succession certificate is necessary for realizing the asset of movable and immovable properties of your father. The succession certificate from district court, Bangalore is valid for getting all assets.
5. Describe / reveal about all assets of deceased father for getting succession certificate is good. You can use one certificate in every where.
1. Legal heir certificate is required for claiming immoveable properties whereas succession certificate is required for claiming moveable properties like amount in ank account etc.,
2. Yes, succession certificate is required for claiming any moveable property,
3. All the successors shall have to apply for re succession certificate and one successor can be represented by his/her POA holder,
4. Application for the Legal heir certificate shall have to be filed before the Tehshilder of the place where the immoveable property is situated,
5. In succession certificate you shall have to declare the moveable properties. For legal heir certificate, you can avoid mentioning of the details of the properties.
1. No they are not the same. Neither do they serve the same purpose. What you require is a succession certificate and not a legal heirship certificate. A Succession Certificate is issued by a court of law.
2. Succession Certificate is not required for transferring the registration. A NOC from the other legal heirs should suffice.
3. All of you can move to court for getting Succession Certificate. You are not required to personally turn up in the court as the presence of your lawyer shall suffice.
4. The immovable properties can be partitioned by executing a deed of partition if there is an agreement among the legal heirs to divide them. Get it drafted from a lawyer.
5. In so far as his investments are concerned the case can be filed at the place where the investments are held.