• Succession certificate requirement for intestate house property (Hindu family)

A hindu lady having house property in bangalore corporation limits and having 1 son, 2 married daughter and her husband, died intestate in september 2017.the family members (hindu) got her death certificate after 10 days.
Then the khata endorsement of the property stands transferred only on the sole name of son, in august 2018.
In june 2nd week 2019, khata extract and khata certificate stands transferred in sole name of son.
Then, in june 4th week 2019, the family members got legal heir certificate from deputy tahsildar and by this the family members( son, 2 daughters and husband of the lady who died intestate) claimed themselves as coowners of the property and sold the property to a purchaser in august 2019, through registered sale deed by claiming and signing all of them as absolute coowners.
Referring the scenario above, please provide information on below pointers (point wise):
1.	since the lady died intestate (hindu), please provide information about requirement of succession certificate ?
2.	please provide information about : relation of succession certificate and legal heir certificate for intestate property for hindu family.
3.	which documents are required (hierarchy wise), by family members of a lady who died intestate, to claim co-ownership of property? (out of death certificate, succession certificate, legal heir certificate, khata endorsement transfer, khata certificate transfer, khata extract transfer, etc..)
4.	what are the documents required , to transfer khata endorsement, khata extract and khata certificate for a hindu family for intestate property (with in bangalore corporation limits) of a deceased lady?
5.	please provide information about: procedure to be followed by family members of a lady (hindu) who died intestate, to transfer khata endorsement, khata extract and khata certificate in sole name of son, excluding other members?
6.	please provide information about : what are the documents required and procedure to be followed by family members of a lady who died intestate, to claim absolute coownership of house property and execute sale deed in favour of a purchaser, when khata endorsement, khata extract and khata certificate (all) stands transferred in sole name of son ?
7.	which is first requirement, by law : succession certificate or legal heir certificate, for a hindu family for a intestate property?
8.	what are the documents required and procedure to obtain succession certificate for hindu family for intestate property of a deceased lady?
9.	what are the documents required and procedure to obtain legal heir certificate for hindu family for intestate property of a deceased lady?
10.	which govt. authority issues succession certificate and legal heir certificate to a hindu family for a intestate property of a lady in bangalore corporation limits?
11.	which guidelines karnataka sub- registrars follow to execute a registered sale deed of a intestate property in bangalore corporation limits ?
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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12 Answers

1) succession certificate is only for movable debts and securities 

 

2) for immovable property you need letters of administration from district court 

 

3) file testamentary petition in district court for LA . Enclose death certificate of Hindu lady . Schedule should mention details of property 

 

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

 

5) apply for mutation of property in name of legal heirs 

 

6) enclose death certificate , LA obtained from district court 

 

7) property can be sold after mutation of property in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Local lawyer can guide you as to authority issuing legal heir certificate in Bangalore 

 

for instance in Bombay you have to apply to HC for issue of legal heir certificate 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

High court issues the same

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

The property which belonged to the deceased lady shall devolve on her own legal heirs consisting her husband and children if she's reported to have died intestate. 

The legal heirship certificate issued by the Tehsildar shall be sufficient to get the katha transferred to the legal heirs name. 

The legal heirs can sell the property jointly to the prospective buyer. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

The Tehsildar or the revenue department. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Dear Sir,

I would like to inform the following only for your immediate action.

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FAMILY GENEALOGY FAMILY TREE IN KARNATAKA/ LEGAL HEIR CERTIFICATE

(SUCCESSION CERTIFICATE MAY ALSO BE OBTAINED UNDER SECTION 372 OF SUCCESSION ACT)

 

http://www.nadakacheri.karnataka.gov.in/

 

Please go online and apply for this application.

The link is under "Nadakacheri" website. 

1- It will only cost you 15 Rupee Per Application.

2 - Ex : Lets say "dad" has passed away, and mom is applying for family tree certificate, you need to include mom's name and sibling's name while applying .
3 - You need to get the estamp paper number before you apply.
You can contact the Notary or Some typing location near notary, they will help you with the contents.The affidavits need signature from Mom and siblings.

4 - On the portal , you will find the documents to submit .

Voter card , Aadhaar card, Death Certificate, Pan Card, Rationcard documents should be enough for you to get this . You need to upload your mom's documents.

5 - On nadakacheri website, you will get attestation for the family tree. The attestation is done by the revenue officer.
6 - As all government departments work, you might have to pay something extra. 

7 - You might get the documents in a weeks time.

Food Office

45, Dharmaraya Swamy Temple Rd, Halsurpete, Nagarathpete, Bengaluru, Karnataka -2, India

 =====================================================================================

Process for getting succession certificate simplified

in case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.

It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance ofdebts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.

Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.

Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death

Also a copy of the death certificate is required to be produced.

Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.

Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.

If the petition is not contested, the court usually issues a succession certificate in five to seven months.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. For immovable property there is no need to take succession certificate.

2. Both are validly documents.

3. It appears that they have already sold the property and if that is so then you can claim those from them anymore. There is no need either unless they have a copy of succession certificate with them.

4. On the basis of the registered sale deed Khata can be changed.

5. same as above

6. If they ahve already sold the property to a purchaser by a registered deed from whom you are purchasing the property then the sale deed is enough.

7.  Both is valid.

8. You can not take succession certificate. Only the legal heirs of that lady would need to take put succession certificate for which death certificate and consent of al legal heirs is necessary.

9. same

10. Court of law.

11. There is no lack of documents which debars you to register a sale deed.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Transfer in his sole name is wrong, all have 1/4th share each but sale is valid as all 4 acted as seller.

SC certificate dose issue for immovable property.

Nothing is require except Legal heir certificate. Purpose of LHC is only to confirm surviving heirs of deceased and owner of property.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Dear Sir,

Legal heir certificate and the succession certificate are totally different from each other.  If the head of the family or any member of the family passes away, then the next legal heir who is directly related to the deceased such as his/her husband, wife, son, daughter, mother has eligibility to apply for the succession certificate. This succession certificate can be used for the purpose of transferring the telephone connection, electricity connection, house tax, filing of IT returns, patta transfer etc.

Legal Heir certificates are issued by the tahsildar of the district to recognize the actual deceased person living heirs and the succession certificates are issued by the court to the deceased person legal heirs

Legal heir certificate or surviving member certificate is an important document which is issued by the Revenue Mandal Officer to the surviving member of the deceased person. Legal heir certificate is used to establish the relationship between the heirs and deceased for claims related to pension, assets, provident fund or other benefits from State and Central Government. In this article, we look at the guidelines for obtaining legal heir certificate in Karnataka.

Obtaining Legal Heir Certificate

Legal heir certificate is often required for transferring of a deceased person’s property. The surviving members of a deceased person’s family can claim for the settlements of property using a legal heir certificate.

Eligibility Criteria

The following persons are eligible to apply for legal heir certificate in Karnataka:

  • Wife of the deceased person.
  • Son or daughter of the deceased person.
  • Father or mother of the deceased person.
  • Sibling of the deceased person.

Government Charges

The applicant can apply for a legal heir certificate by remitting a fee of Rs.15. The legal heir certificate will be issued within 7 working days from the date of application.

Documents Required

The specified documents are to be furnished at the time of submitting the application form.

  • Application form.
  • Ration card.
  • Aadhar Card and Voter ID.
  • Passport Size Photograph.
  • Death certificate of deceased in the original.
  • An affidavit, containing declaration form all surviving member.
  • Residence certificate of the deceased.

Succession certificate-

1)   Original death certificate of the deceased person

2)   Time and place of death

3)   Names of all the legal heirs and their relationship with the deceased person.

Required Fee


  • Legal heir certificate: Rs.2 for a stamp and Rs.20 for stamp paper for affidavit will be essential.

  • Succession certificate: Three per cent of the total value of the property will be indicted.

Time Period


  • Legal heir CertificateAround 15 days to 30 days are required for the issuance of the legal heir certificate.

  • Succession certificateFirstly, a newspaper notice for a span of 45 days is issued by the court. If any individuals have any kind of objections towards the particular advertisement then they have a chance to file an opposition in the court. When the objections are received by the court it might take time for the issuance of the succession certificate till all of them are cleared.

If the court doesn’t receive any kind of objections from anyone ten the succession certificate is issued immediately.

Significance Of Legal Heir Certificate And Succession Certificate


  • Legal heir certificate: This certificate is used for many purposes such as insurance, gratuity, PF retirement claims, pension etc.

  • Succession certificate: This certificate is used for possession or transfer of the property or for security or paying the debts on behalf of the deceased person or for collecting the debts or security on behalf of deceased.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Succession certificate is required for transfer of movable properties like investments and bank account. 

2. Succession certificate is for movable properties and legal heirs certificate is for immovable property.

3. Main document required is legal heir certificate and death certificate along with IDs of legal heirs.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Legal Heir certificates are issued by the tahsildar of the district to recognize the actual deceased person living heirs and the succession certificates are issued by the court to the deceased person legal heirs. Legal Heir Certificate: Son, daughter, husband, wife, parents of the deceased person can apply.

for movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate required. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Legal Heir certificate can be obtained by approaching the area Tahsildhar or  from the district civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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