This is in regards to obtaining a legal heir certificate from the Municipality / councillor in Kolkata, West Bengal. Myself and my brother are UK nationals living in UK. I have OCI and we both have PAN. An affidavit has been proposed to be prepared and submitted before a 1st class magistrate. I have been explained it is harder to obtain a 1st class affidavit if the deponents are not present or they do not have Aadhar card (we both have PAN and l have OCI). If the magistrate doesn't accept the affidavit for whatever reason (i.e., Aadhar needed or deponent needed in person some other reason) then it is proposed to notarise the affidavit instead. QUESTION: Assuming the Municipality / councillor accepts a notarised affidavit (instead of 1st class affidavit) to obtain legal heir certificate will it matter to the buyer that l did not obtain said affidavit through 1st class magistrate?
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You should get affidavit attested before Indian consulate
mere notarised affidavit would not be accepted by the magistrate or muncipal corporation for issue of legal heir certificate
it would not matter to buyer that you did not obtain affidavit through the magistrate
What is final is legal heir certificate, not the documents that go in to obtaining it. Once LC is granted everything is regularized, no one is interest whether it obtained on notarized affidavit or otherwise.
- Since, you are residing UK , then the said affidavit cannot be made from the first class magistrate in your absence , hence you can prepare an affidavit there in UK and notarized it as per rule of UK , and further attested it from the consulate of India .
- Further, after submitting the other proofs , you can apply for getting legal heirs certificate.
The judicial magistrate is not the authority to furnish the desired legal heirship certificate.
The competent authority to issue the legal heirship certificate is the revenue department or the Municipal authorities as per the local situation.
The Judicial magistrate can attest the affidavit but for that all the deponents are required to be present before the magistrate.
However if the competent authority to issue the legal heirship certificate is ready to accept the notarised affidavit then you can proceed with it
No
Legal heir certificate is generally issued by civil court and in some cases by tahsildar office. It depends on the jurisdiction of the property
Can the councillor/municipality issuing the legal heir certificate put any restrictions in there with what we can do with the legal heir certificate. We will say that the main intention is for mutation, can they put any restrictions so it's only for mutation for example. We will want to sell the home later (possibly without mutation if costs are high) so legal heir certificate shouldn't restrict us from achieving that.
The legal heirship certificate will be issued by the authority with the reasons mentioned therein, i.e., for property related issues. It will not specify that it is issued only for mutation and cannot restrict the shareholders to sell the property on the basis of the certificate issued.
You may apply for the legal heirship certificate specifying the reason as 'property related matters' which woul suffice the cause.
It can be specified in order that legal heir certificate is issued for limited purpose
for sale of property obtain letters of administration from HC if deceased died intestate
Dear client Government bodies such as the Taluk/ Tehsildar or corporation/ municipality office issue the legal heir certificate. You can also approach the Revenue Division Office (RDO)/ sub-collector office if there is a delay
If the current state where your property is situated has regulations for tahsildar office to issue of legal heir certificate you can do it but the said certificate can't be used for transfer and f immovable property
There cannot be part legal heir certificate. You need to obtain mutation also. If is expensive and can be obtained withing one month.