Since your father died intestate apply for and obtain letters of administration from district court in respect of property standing in name of deceased father 

2) enclose death certificate of deceased father  and consent affidavit of other legal heirs 

3) it takes around 6 months 

4) apply for mutation of property in name of legal heirs 

5) your mother and sister can execute gift deed or relinquishment deed for their share in property 

6) if you want legal heir certificate you have to file petition on district court in this regard .it is not for transfer of property but only identifies legal heirs of deceased 

No need of legal heir certificate. You can execute registered family settlement deed in the said matter defining the rights of the legal heirs

You have to file petition in HC or district court having testamentary jurisdiction as deceased died intestate leaving behind some immovable property 

2) you have to pay court fees depending upon market value of property 

3) enclose death certificate of deceased ,nabe and addresses of legal heirs 

4) court will appoint you as administrator of property based on consent affidavit of other legal heirs 

There is widespread misconception that a legal here certificate is document to transfer immovable properties of deceased to his legal heirs. Title of document itself is cause of such misconception. Such document can be used only for transfer electric connection, obtaining pension benefits, fixed deposits, share certificates and insurance claims. What is required is submit an application for mutation of properties with death certificate obtaining NOCs from other legal heirs. Property will be mutated in your name, that will be proof of your title to the  properties. Legal heir certificate  is no of any use to you.

You can make a family tree certificate by an affidavit  and get it notarised which can be used as the list of successors surviving your father's death.

After that your mother and your sister can execute a registered release deed  relinquishing their rights in the property. 

If the registrar is not accepting the notarised family tree certificate on the basis of the rejection of your application seeking issuance of legal heirship certificate by the revenue department, you can file a suit for declaration to declare the legal heirs of your deceased father, by which the registrar would be convinced about the list of successors in interest  to your deceased father and would entertain the release deed. 

 If a person dies intestate, i.e, when a person dies without writing his will or without nominating an executor, in that case an administrator is appointed by the court to administer the estate of the deceased person through a Letter of Administration.

 Letter of Administration is granted to the beneficiaries after they apply to a Court of law having competent jurisdiction. 

Letter of Administration is the primary document through which administrative rights pertaining to the estate of the deceased are validated.

Letter of Administration (LOA) can be made when there is no Will. 

The District Judge, within whose jurisdiction any property, movable or immovable, is situated or the deceased resided, immediately, before his death, shall be having the jurisdiction to try and entertain the Petition.

ndian Succession Act 1925 governs all the laws related to letter of administration and probate in India. Under the Indian Succession Act, 1925

apply for a legal heirship certificate from the district court 

in the meanwhile your mother and sister can register release deed in favour of you and your brother

the heirship certificate which you will get from the court will complete the flow of title 

Hi, There is no need for Legal heirs certificate. Your brother and sister can execute release deed in favor of you and release deed must be registered one. 

- As per law, after the demise of your father intestate , his property would be devolved upon all the legal heirs equally i.e. your mother , two brothers and sister .

- Further, any of the legal heirs can release his respective share in others name after executing a registered Relinquishment deed. 

- Hence, your sister can release her share in your favor legally. 

- Further after getting the property in your name , you can apply for mutation in your name. 

Dear client,  

A legal heir certificate can be obtained by approaching the area/taluk Thasildhar or from the corporation/municipality office of the respective area and the district civil court. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry. The process of obtaining a legal heir certificate is stated below:

The legitimate heir of the deceased person must approach the district court in the respective area and ask for the legal heir certificate application. The applicant must fill out the application and submit the signed application to the concerned authority. This application contains the names of all the legal heirs, their relationship with the deceased, and the family members’ addresses.
All the required documents, including the departed person’s death certificate, should be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
An affidavit on stamp paper or self-declaration must be submitted along with the application.
The 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 approach the Revenue Division Officer (RDO)/sub-collector