1. No the legal heir certificate is valid for all properties stated in your petition.
2. No
3 you can file contempt of court against them
Legal Heir cetificate
My Father passed away last year. He had 2 properties, one in Mumbai and the other in Karjat. He missed out on recording a will and neither he had setup any nominees. I started the procedure to apply for Legal Heir certificate. Post completion of the process i got the Legal Heir certificate from Karjat. To transfer my Mumbai property to my name, i submitted the same Legal Heir certificate in my society. The society is not accepting this certificate saying that i should have got the Legal Heir certificate for this property My question is 1: Living in the same state of Maharashtra, do i need to apply for Legal Heir certificate twice? 2: Is the Legal Heir certificate issued by the court questionable? 3: What action i should be taking ahead on this?
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
1. if the legal heir certificate is about both properties, then, you need not to apply for the same again, but, in case only one property is mentioned, then you have to apply for the same for the second property,
Legal heir certificate issued by court is not questionable
2) you don’t need to apply for LHC twice
3) LHC is not for transfer of immovable property
4) you need to apply for letters of administration as father dues intestate and left behind immovable property in Bombay
1. The society cannot reject the legal heirship certificate issued by an authority.
They are concerned about an authentic certificate to prove the legal heirs or successors in interest, they should not raise a question about the authorities' geographical jurisdiction.
2. No.
3. You ask them to give it in writing quoting the relevant law they may rely upon for this hostile attitude that they show towards this.
Subsequently you can initiate proper legal steps as per law.
1. "Legal Heir certificate", is not applicable for immovable properties. Such certificate are used to claim Pension, Govt. Jobs & other benefits.
2. For immovable properties, You have to either obtain a "Succession Certificate" or a "Letter of Administration", which is given for all immovable & movable properties of deceased, which may be anywhere in India. This is irrefutable & legally final & conclusive for all futuristic purposes.
LHC issued in city where father had permanent address and valid all over India.Other city office will not issue it and further none authority can question the validity of certificate issued by court/revenue officer.
Complain to registrar. Most of the societies in India are full of idiots. Lastly have to get direction from co operative court.
1. You can get mutation done on based of same legal heir certificate.
2. No same is not questionable if issued by appropriate authority.
3.get mutation done and record changed in second property.
1. I am not sure what is the objection of the society in not receiving the legal heir-ship certificate if the same is validly issued.
2. No.
3. Lodge complaint with the registrar of society on this issue.
1. No need to apply for legal heir certificate twice you should ask for another copy of legal heir certificate with heading TO Whom soever it may concern.
2. No legal heir certificate issued from court is not questionable.
3. You can ask society to consider the same legal heirs certificate or give in written that it is not acceptable.
no need to apply for twice, LHC issued by court.
approach the cooperative court against society or even the deputy registrar. .
A declaratory suit should be filed in order to show that you are the heir to the property in that city. Jurisdiction issues are involved. The property must be located in that city.
