once registered release deed is executed your mother is absolute owner of property
2) the reason why bank is asking for legal heir certificate is to avoid any legal heirs claiming share in property who have not executed release deed
Property Released by Husband of Deceased to daughter with signatures of two sons
My mother received a property which was registered in the name of her mother(my grandmother). My grandmother left no will and my grand father has released the property to my mother with the signatures of her two brothers. We are applying for a loan now and they are asking for a legal heir certificate. Timeline 1993: Property purchased in name of grandmother 2000: Grandmother passed away without will 2009: Property released to daughter(my mother) by father(my grand father) with the signatures of her two brothers (my uncles) 2020: Applying for loan The release deed is registered. Is a legal heir certificate required in my case for sale of property or loan on property?
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Please tell me what I can do for loan. What are the exact steps to take now?
Asked 6 years ago
your mother should apply for and obtain legal heir certificate with mandal office since bank is refusing to grant loan in absence of legal heir certificate
2)
The following are the details required at the time of applying for legal heir certificate:
- The name of the deceased.
- Details of the Family Members.
- Date of application.
- Residential address.
- Applicant’s signature.
3)
to apply for the certificate, it is mandatory to possess the following documents:
- Death Certificate
- Birth Certificate
- Aadhar Card
- Identity Card
- Ration Card
- Appropriate application form
- Residential address of the deceased person
- Rs. 2 Stamp
4) The certificate will be issued in 30 days from the date of application.
In absence of will and if some objection is apprehended from any legal heirs then it's better to get legal heir certificate
No, due transfer of sole ownership through registered release deed. Bank may have asking for LHC to confimr that except GF and brothers no other heirs.
Either apply for LHC or manage the bank through ration card of grand father.
The registered release deed in favor of your mother no doubt is a title document on her name and she can claim title to the proeprty.
However since her mother is reported to have died intestate, the buyer of the lender bank has to confirm about the list of legal heirs who are successors in interest to this proeprty and to confirm if all the legal heirs/cosharers have transferred this property to yor mother's name by executing the registered release deed relinquishing their rights in the property so transferred.
Therefore it is an essential document hence you may better obtain the same from the revenue department in order to move on.
The procurement of legal heirship certificate i respect of the legal heirs of yor deceased grandmother is an mandatory because that is an essential or pivotal document which is the the one to confirm the list of legal heirs or successors in interest to the property acquired by your mother to confirm her clear and marketable title to the property.
1. IF the said Release Deed is duly Registered AND property was duly mutated /transferred in name of Mother in the Revenue /Municipal records, THEN the Release Deed is legally final & irrefutable for all futuristic legal purposes, which included Mortgage /Loan etc....
2. AFTER above, Legally there is no need for any Legal Heir Certificate and Mother is entitled to apply for Loan. At the most Mother can undertake and give an Indemnity Bond alongwith the Loan Application
Your mother is abosulte owner, the bank is right in asking for a legal heir certificate and its better to follow their instructions
Bank need clear title as per the rules and regulations bank won't give loan without LHC, obtain legal heir certificate from Tehasildhar or court.
1. Bank just want to be legally safe from any dispute from remaining legal heirs if any.
2. To evaluate this possibility bank is asking your mother to provide legal heirs certificate.
3. Your uncles or grand father can apply for legal heir certificate and give it to mother to get loan easily.
