If there are 2 legal heirs, is 1 affidavit declaring both heirs suffice? Or would you recommend 2 affidavits, 1 per heir. How long does it take to receive a legal heir certificate from the municipality? Will PAN suffice for property selling registration (we are UK born) or would we need OCI card in addition?
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If there are 2 heirs then 2 affidavits declaring the same should be made and submitted. The affidavits should also declare that there are no legal heirs apart from the stated heirs.
As you are not a citizen of India use oci as aadhar is a must in property transactions.
There is no legal objection to persons joining in a single affidavit in whole or in part;
You both can give a joint affidavit also towards obtaining legal heirship certificate
The time taken for obtaining legal heirship certificate from the revenue department cannot be predicted, however if someone from your side is following it properly, you can get it in 15 days time also
The legally valid identity proof to prove your identity would be sufficient for welling the property.
The legal heirs certificate can be obtained from the local Revenue authority, the Tahsildar. What is the purpose of the affidavit? As the affidavit is a sworn statement of facts, each person has to execute it individually. PAN alone is not sufficient. Your passport and OCI card details are too required.
1) Each legal heir should execute separate affidavit
2) if affidavit executed abroad it should be attested before Indian consulate
3) Municipal corporation does not issue legal heir certificate
4)it is done by courts at least in Maharashtra
5) PAN is sufficient for selling property
Porcha, Municipal Tax and Khajna receipts (in Kolkata) show 4 names does this they are the owners of the land? I found 4 conveyance deeds but the 4th name (my father's mother) isn't on the Porcha, Municipal Tax and Khajna instead it's my father name (whom has no conveyance deed). I suspect the reason for this is my father mutated his name to replace his mother after she passed away. Guidance appreciated.
They are the owners of land as reflected in revenue records
Your father being the legal heir of his deceased mother, might have applied for transfer of revenue records to his name with the municipality.
There is no need for a conveyance deed to be registered with the concerned registrar's office, hence you may not find any transaction in the encumbrance certificate on your father's name.
However the transfer of revenue records would be sufficient to prove his title.
Dear client, there can not be a joint affidavit. in an affidavit a person is supposed to depose facts to the extent of his knowledge. and all scuh depositions shall be clear and precise. two separate individuals may be in knowledge of similar facts but their affidavits have to be separate.
Moreover, It may take a month or two to process all the necessary information and receive the certificate.
One affidavit will. Suffice
- You can apply for getting Legal heir certificate after submitting the death certificate of deceased along with the address and identity proof
- The conveyance deed or mutation papers in the name of your father and the PAN card in the name of legal heirs can be submitted for getting the said certificate .
