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
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?
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
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.
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:
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)
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.
In order to obtain a legal heir certificate, following is the list of documents required:
I want to sell a bike which is on my father's name. Do i need legal heir certificate for that too? Because the buyer is saying that he will manage it to get transferred without LHC, by his own. And asking me to make the deal on the basis of sale letter and NOC. Please provide the correct procedure how can i sell the bike. can i sell it without the legal heir certificate. The bike is registered in delhi. And the guy buying it is from delhi too.
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.
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
You don’t need legal heir certificate for sale of bike
just obtain NOC from other legal heirs for sale of bike
- 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:
- The following documents are required :
- 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.
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.
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!
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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.
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.
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.
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
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.
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.
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.
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.
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.