We have a legal heir declaration (affidavit) stamped from a 1st class magistrate. There are 2 legal heirs on this declaration (affidavit). The councillor reviewed the affidavit and refused a legal heir certificate on grounds there are 4 legal heirs and all legal heirs must appear before the councillor and the municipality (in Kolkata). We have no idea who the other 2 legal heirs are and they would not provide us the names (so how do we find out???). We've lived in the UK since birth and have not seen our late parents family in decades. No family members from India have been in touch about our house in Kolkata, which we inherited intestate from our parents. I am angry and feel like taking legal action against the conciliar for not providing the names of the 2 legal heirs and for not providing a certificate. What are my options as we need to sell our home? I feel this will reduce our chances of selling in case the buyer asks for a legal heir certificate!
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If you could find out family tree certificate for last three generations above your parents you will come to know exactly how many legal heirs are appearing in your family.
Or better to give your legal heirs certificate work to the local lawyer who visit daily basis same councillor office, that lawyer will do your work of legal heirs certificate.
Apply for and obtain letters of administration from HC or district court having jurisdiction
mention parents died intestate enclose death certificate of parents
schedule of property of deceased parents
pay the court fees .
you would get LA in 6 months time
You ascertain the title of the property.
If the property was inherited by your father then you should have the details of how and through whom he inherited the same.
If the property was jointly shared by your father and anyone else from his relatives then you may gather the details of the shareholders.
The affidavit what you produced is your own statement hence the attesting magistrate cannot vouch for the factual details of the contents of the affidavit, hence you only have to comply with the requirements as directed by the authorities concerned.
File a civil suit in district seeking the known surviving members of family as legal heirs. Giving details of known legal heirs. Court will issue notices to named legal heirs and a public notice in local for response from other unnamed legal heirs. If such legal heir/s appear in Court will proof to their rights, court will decide the same. If no one comes you will get decree ordering you as legal heirs. With copy of decree the councilor is bound to issue you certificate .
Hello,
Yes. It will not be possible for you to sell the house in case the said objection has been filed by the counselor. You may file a suit for declaration before the City Civil Court and get your self declared as the owner of the property situated in Kolkatta.
Regards
You need to approach court for a valid legal heir certificate
Dear client I am sorry to hear that but in this case you can approach the court for the legal heir certificate.
