• Legal heir certification for property

In Telangana State for a property of deceased, when magistrate declaration about legal heirs is provided, the loan section of buyer does not accept it. A court verdict is instead requested which calls for 25% property value as court fee.

If this is true, is there any other Status certificate from court about legal heirs that will also be valid certification about legal heirs?
Asked 3 years ago in Property Law
Religion: Muslim

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5 Answers

Apply for and obtain letters of administration from district court 

 

2) enclose death certificate of deceased 

 

3) schedule of property 

 

4) consent affidavit of other legal heirs if they do not desire to be appointed as administrator of property 


5) court fees would not be high for being appointed as administrator 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The legal heirship certificate is furnished by the revenue department and not by court.

A court will issue succession certificate for movable assets of the deceased.

The 25% of the value of the property to be paid as court fee is not true.

You can clarify the fact from a different advocate too.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

No such court fees. Maximum 500rs to 1000.

Magistrate pass declaration order which is needed when somebody encroached your property and dispute your title.

LHC issued by Tehsildaar in collector office.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Dear client,  

It is important to note that legal requirements and procedures for property transactions may vary depending on the specific jurisdiction and circumstances involved. However, in general, a court verdict or order is often considered as the most reliable and legally binding proof of legal heirs in a property dispute.

If the loan section of the buyer is not accepting the magistrate declaration about legal heirs, it may be because they require a more definitive and legally binding proof of ownership or transfer of the property. In such cases, it may be necessary to obtain a court order or verdict regarding the legal heirs and their rights to the property.

However, it may be worth consulting with a legal expert or a local authority to explore other options or alternatives that may be available in your specific case. For example, there may be other types of certifications or documents that can serve as proof of legal heirs, such as a family tree or genealogical records, which may be acceptable in certain situations.

Ultimately, the best course of action would be to seek legal advice from a qualified professional who can provide guidance and assistance in navigating the specific legal requirements and procedures involved in your case.

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

- A Legal heir certificate can be obtained after approaching the office of the Tehsildar or the Corporation /municipality office of the area where the deceased has taken his last breath. If the deceased person has resided that place less than 6 months only , then a report can be obtained by the Tehsildar from the Tehsildar where the deceased was resided for more than one year. 

- This LR certificate cannot be rejected by the loan section of buyer. 

- Further, if you want a certificate for getting the fund /moveable property of deceased person , then there is requirement for Succession Certificate from the Court 

- Further, even for getting this Certificate you will have to pay 2 to 2.50 percent of the value of the moveable property /assets , and not at the time of filing the petition but at the time of getting the certificate only. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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