• Legal Heir Ceritifcate

Hi,
My father died one and half year back. Now, i want to get legal heir certificate done. 
I live in ghaziabaad, it comes under ghaziabaad tehsil. 
What is the right procedure?
And documents. 
Also it's been a year, we could not had it done, as i was busy with my job, will this delay be any problem?
Asked 5 years ago in Property Law
Religion: Hindu

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21 Answers

Delay would not cause any problem 

 

you have to apply to district court for issue of legal heir certificate 

 

enclose father death certificate 

 

pay the court fees

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

A legal heir certificate or succession certificate can be obtained from the district court ghaziabad. Engage a lawyer who will do the needful. Documents ie bank accounts etc. Of your father.

Your ID proof vakalatnama a petition had to be made and filed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs’ of the deceased person and is issued only after a proper enquiry. Listed below are the steps involved in the process of obtaining a legal heir certificate:

  • The legitimate heir of the deceased person must approach the appropriate authority in the respective area

with a signed application. This application should contain the names of all the legal heirs, their relationship with the deceased and addresses of the family members. The death certificate of the departed person should also be attached. (Death certificate must be obtained from the municipality/corporation office)

  • An affidavit on stamp paper has to be submitted.
  • Revenue Inspector/administrative officer conducts an inspection and completes the enquiry.
  • Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate

The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should then approach the Revenue Division Officer(RDO)/sub-collector. 


Documents Required

In order to obtain a legal heir certificate, following is the list of documents required:

  • Signed application form
  • Identity/Address proof of the applicant
  • Death certificate of the deceased
  • Date of Birth proof of all legal heirs
  • A self-undertaking affidavit
  • Address proof of the deceased

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

That is a quick fix solution because he is not bothered. The bike papers have ti be transferred to you and then only you can sell it.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

one would need a letter of authority which is allotted by the regional court or the SDM

Then just submit death certificate and Fill up RTO transfer form No 27 to 31

Death certificate: and RC Book

 

The application to the zonal officer/SDM must be submitted within 30 days of death, else a penalty of INR 100/- will be charged on a mothly basis

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You don’t need legal heir certificate for sale of bike 

 

just obtain NOC from other legal heirs for sale of bike 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- In case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs.

- Further, this  is a very important document to establish the relationship between the deceased and legal heirs.

-  Further, this certificate can be obtained from the municipality/corporation by any of the legal heir of the deceased person.

- Further this certificate can be used for:

  • For transferring properties and assets of the demised person to his successors.
  • For claiming insurance.
  • For sanctioning and processing family pension of the deceased employee.
  • To receive dues such as provident fund, gratuity etc from the Government
  • To receive salary arrears of the deceased, state or central Government employee.
  • To gain employment based on compassionate appointments. 

- The following documents are required :

  • Signed application form
  • Identity/Address proof of the applicant
  • Death certificate of the deceased
  • Date of Birth proof of all legal heirs
  • A self-undertaking affidavit
  • Address proof of the deceased

- Even after passing one year , you can apply for getting the same. 

- Further , No legal heir certificate is required for selling bike of your father . You can submit an affidavit with the transfer sale letter on behalf of all other legal heirs. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You have to file an application for legal heirship before District Court under Hindu Succession Act 1956.

You need Succession Certificate for disposal of moveable and immovable properties which belongs to your deceased father otherwise ownership of property wouldn't be transferred. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You've two ways to get your problem resolved:

 

1) You can file an application in DC to get SUCCESSION CERTIFICATE which will take very much time due to lengthy process.

 

2) You can take LETTER OF ADMINISTRATION from HC Allahabad wherein the procedure is finished in very short time. No need of personal hearing....Only documents are required.

 

Choice is yours!

 (Rate my answer please)

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

1. Legal Heir Certificate is not applicable for Movable or Immovable properties.

2. For Movable or Immovable properties, a Letter of Administration or Succession Certificate is required.

3. Since Bike papers are in Father's name ,You will not be able to sign on the Transfer forms during sale proceedings. However, if there no objections of any other heirs and if buyer manages with the local RTO, THEN go ahead with the same.  Just ensure that you have a notarized copy of the sale papers and that the buyer gets it transferred in his name and not simply uses it without transfer.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

LHC certificate will issue by tehsildaar. You can apply for it at any time. It will issue in all names if you have siblings and mother alive or who are surviving.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Documents like birth certificate, 10th marksheet etc will require.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

For the legal heir certificate, you have to apply online and it will be obtained in about 10 days. The bike may sold by you at any place and one NOC along with death certificate of father can be attached with the same for the easy proof that the things have been done in legal ways. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You need to apply to the concerned court for the same and after payment of court fees and other formalities you will get the same in 8 months

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You submit  an application containing the list of legal heirs of your deceased father which will include  your mother, you and your siblings  and also your father's mother (if alive), signed by all of them, along with the death certificate of your deceased father to the Tehsildar.

He will scrutinise the same through revenue inspector, get it verified and issue the legal heirship certificate in a span of one month time, if everything is alright.

You may have to enclose the copies of the identity of yor deceased father and other legal heirs along with the application.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The bike is on your father's name hence you are not the owner of the bike, therefore you can sell it only after all the legal heirs signing the sale receipt.

For selling the bike, the legal heirship certificate may not be necessary, but it is essential that all the legal heirs have to sign the sale receipt unless, it will become a dispute at a later stage.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Legal heirs Certificate is required for bike transfer 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

To obtain Legal Heir certificate You must approach the area/Taluk Thasildar, or from the corporation/municipality office of your area, and also the District civil court. The certificate names all legal heirs of the deceased person and will be issued to you only after a proper enquiry. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you would require Original copy of death certificate of the registered owner. Affidavit by the applicant to this effect and from the other legal heirs relinquishing their right in favour of the applicant. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you need a legal heir certificate for that.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. You need to make application for obtaining legal heir certificate from tehsildar.

2. Documents required are IDs of all legal heirs along with death certificate of your father and a copy of family tree. 

3. Delay will not be a problem.

4. You need to get succession certificate from court for disposing immovable property of your father.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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