• Legal Heirship certificate

My father a resident of Mumbai for last 50 yrs was a native of Belgaum in Karnataka state.we have our ancestral property in Belgaum.since my father passed away last year we need to now transfer the property to all his legal heirs ie me my brother and our sisters.My fathers Passport,Adhar card and PAN card have permanent residence address of Mumbai .Kindly advice what is the process for transfer pf property in the above scenario .Is a legal heir certificate necessary as the process of Maharashtra and Karnataka are different.Is so what is the process to apply in Mumbai and how much time will it take
Asked 6 years ago in Property Law
Religion: Muslim

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13 Answers

1. If there ae several properties the same would devolve upon all of you in equal share.

2. Since there is practical problem to enjoy joint property by all the co sharers at a time, it is advisable that you make a mutual deed 0f partition wherein you can amicably divide the properties among yourselves.

3. Thereafter on this basis you can apply for mutation fo your respective names in repsect of your respective shares.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If the property in question is immovable property. heirship certificate won't do. You need to file a petition for Succession Certificate in the district court under whose territorial jurisdiction the property is situate. 

If it's movable property, you need to move the tehsildar (collector's) office for heirship certificate

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Legal heir certificate is not transfer of ancestral property 

 

2) you need to obtain letters of administration from Bombay high court in name of legal heirs 

 

3) enclose father death certificate 

 

4) LA takes around 6 months if there is no contest 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

See you can obtain a legal heir certificate from Maharastra and you can use same for mutation of the ancestral property in favour of the legal hiers. The mutation will take 2-3 months period.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client 

You have to apply for the legal heir certificate in the Taluka/Tehsil of area where your father was residing before his death.  That is from Mumbai and that legal heir certificate will be valid for the property situated any where in India. 

The procedure for applying Legal heir Certificate is you have to make an application in taluka/tehsil of your area with Death Certificate of your father application should contain names of all legal heirs with relationship with deceased, IDs of all legal heirs and prescribed fees 

After Inquiry Tehsildar will issue the certificate to you having name of all legal heirs.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The process is almost same only the courts are different. The court fee will go maximum till 75000/-You need to apply to high court or city civil court of competent jurisdiction. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

you can obtain legal heir certificate from mumbai. 

To obtain the legal heir certificate, all the legal heirs of your father shall approach tehsildar office with an application to issue legal heir certifcate with all the relevant documents like death certificate etc.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

it will take 6 months to obtain the same.

a suit has to be filed with a declaration from all the legal heirs.

you must get in touch with a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This can be effectively answered by only a Mumbai based lawyer.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1.  "IF" the immovable properties are in Karnataka State, THEN  "ALL" the residual legal heirs of the deceased, can with mutual consent, apply for "Partition Proceedings"  ONLY IN THE CIVIL COURTS OF BELGAUM, and no proceedings can be done in Maharashtra.

2.  Once the Partition Proceedings order is passed, THEN the said ancestral land will lose its ancestral land status and such land will become "self-acquired" at the hands of the individual legal heirs.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

With LHC, trasfer will easy. It will issue in mumbai only. same procedure. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You get a legal heirship certificate from the Tahsildar's office in Mumbai within your jurisdiction, after that along with the death certificate you may get an application signed by all the legal heirs requesting the revenue department/Tahsildar of that place where the property is situate for mutating the property and the revenue records in the name of all the legal heirs jointly.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that property has been situated in other place and residence is of some other state.
  2. I would like to inform you that you all would be needed Succession Certificate but not legal heir certificate as the purpose and use of both are different.
  3. SC is used for transferring of immovable property and legal heir is used for movable property or bank money or LIC etc.
  4. You all would have to get the SC from he civil court of law of the place of the residence and then would have to apply for the partition suite before he court of civil of the place where he property has been situated.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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