You can file petition for succession certificate in court. Family m3mb3r certificate is issued by DM, sarpanch, tehdildar where property is situated.
Family Member Certificate
Father and Mother Passed away. We are brothers staying at various places. Mother Died recently and she was staying with me only. Need a Family Member Certificate so that we can sell the property collectively by transfering the khatha in our name . Need a Family Member Certificate for the same . WE all stay at various places and one of them is abroad and the property which needs to be sold is in other place.
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
When a Government employee and the head of the family expires, the surviving family members such as Spouse, Sons, Daughters has to obtain a certificate which is referred as Family Member or Proper Person Certificate
2) you should apply for and obtain legal heir certificate
Dear Client,
When a government employee who is also the head of the family passes away, the surviving family members, including the spouse, sons, and daughters, are required to obtain a certificate known as the Family Member or Proper Person Certificate. This certificate serves as proof of their status as legal heirs and enables them to apply for and obtain the legal heir certificate.
It will issue by Tehsildaar wher you have domicile. Any single heir can apply. No need of all presence.
The property left behind by your deceased father devolves equally on all his legal heirs.
In that situation, a legal heirship certificate is to be obtained from the revenue department mentioning the names of all the legal heirs to the deceases to succeed to the estates of the deceased
After that everyone have to be physically present to execute the registered sale deed in favor of the prospective buyer jointly at the time of registration of the sale deed.
If anyone who is not able to perform this task he or she can give a power of attorney deed to one of the siblings to sign on his/her behalf by the virtue of power of attorney deed.
The power of attorney deed if executed in a foreign country, then it should be attested by an official of the Indian embassy or a notary public of that country and send it to the power agent back in India in a sealed cover, after which the power agent can get it adjudicated before the concerned sub registrar office within the jurisdiction of his residential area.
You can get the same from Tahaildar office
- The person who is staying in that area can apply for getting this certificate on behalf of all
- The identity and residential proofs of all the legal heirs are required.
Approach the Jurisdictional Tahsildar's Office and submit the required documents, such as your parents' death certificates, family tree, etc. Based on the above, you can obtain Family Members' Certificate.
