You have to make application to district court for issue of legal heir certificate
2) enclose death certificate of deceased
3) list of legal heirs
3) aadhar card of deceased and that of legal heirs
Legal Heir Certificate Kolkata West Bengal
We inherited a house intestate (no will). My understanding is rules have changed around 6 months ago in Kolkata, West Bengal such that a legal heir certificate is now mandatory. Even if you try to acquire a legal heir affidavit from a 1st class magistrate, a legal heir certificate would be asked for by the court. 1. Can someone confirm my understanding to be true? 2. How is legal heir certificate now acquired if one has no legal heir affidavit from 1st class magistrate? What document proofs are needed. 3. What happens if the councillor does not provide a legal heir certificate what are my legal options?
Asked 2 years ago in Property Law
Religion: Hindu
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12 Answers
It has to be acquired through court
Dear client,
- Yes legal heir certificate is compulsory if a relative or family member has died intestate. The same can be applied by the husband of deceased or the kids of the deceased or the mother/father of the deceased or by any of the sibling of the deceased.
- You will have the file an online form and the documents required for the same are you have pay the Court fee, undertaking, letter from government authorities to obtain legal heir certificate, I.D. Proof of the person who is applying for the certificate, residential proof of the applicant, birth date proof of the legal heir, death certificate of the person who has died (it must be in original form).
- If it is not provided it to you then you will have ask them for the reasons behind rejection and then you will have to apply again rectifying those mistakes.
Hope this helps you sir.
1. A legal heirship certificate will be required to be produced in order to ascertain the successors in interest for intestate succession of the property.
2. The legal heirship certificate is issued by the concerned revenue department after enquiring about the background details through the village administrative officer of revenue inspector.
3. Councillor is not an authority to furnish legal heirship certificate.
- When a person suddenly dies intestate i.e. without leaving a WILL , then a Legal Heir Certificate is required for claiming the properties & assets of the deceased to his family members /legal heirs.
- It can be obtained after approaching the office of the Tehsildar/Revenue Department or the Corporation /municipality office of the area where the deceased has taken his last breath.
- The application should include the names of all the legal heirs with their address, their relationship with the deceased.
- The following documents are required for obtaining the Legal heir certificate:
- Signed application form
- Address & Identity proof of the applicant like, Aadhar Card, Voter Card, Driving license, Passport etc.
- Death certificate of the deceased
- Address proof of deceased
- Date of birth of all the legal heirs of the deceased
- Self undertaking of the applicant
Generally, the legal heir certificate is issued by the Revenue Authority such as the Tehsildar in all States including West Bengal. You need to apply to the officer having proper jurisdiction over the place of residence.
Let's assume l receive a Power Of Attorney drafted from an Advocate in Kolkata. In the UK the executant and witnesses sign before a Public Notary (Power Of Attorney is effectively notarised) following this we attest via the Indian consulate in the UK. I then bring this Power Of Attorney to Kolkata. What do l need to do with the Power Of Attorney in Kolkata so that l can use the Power Of Attorney to sell our home?
Asked 2 years ago
You need to register the same if you want to do a transaction related to rights of immovable property from said Poa
Is the principal close blood relative ?
2)if so POA has to be on Rs 500 stamp paper
3) if principal is not close blood relative POA has to be stamped as conveyance
4) on basis of POA attested before Indian consulate you can sell the house
You can get the PoA either notarised or attested by the Indian High Commission in the UK. There is no need to do both. Once it is done either way, the PoA needs to be adjudicated in the land registry in India (where the property lies). Then, the PoA can very well be acted upon.
- If you are residing abroad , then you can give POA to any relative for the said work
- The said POA should be notarized as per rule of UK, and attested from the consulate of India
- The said POA is valid , and no further registration is required from India.
Your initial query was about obtaining legal heirship certificate.
If there are more than one legal heirs and all of them are not able to execute the sale deed in favor of the prospective buyers, then the legal heirs who are also the shareholders to the property, if residing in a foreign country, have to choose a power agent (preferably a relative) in India and can execute the power of attorney deed in favor the chosen power agent.
The power of attorney deed may be notarised by a local notary public or can be attested by an official of Indian consulate, send it to the power agent in a sealed cover, who will then take it to the concerned sub registrar to get it adjudicated, after which the power agent can execute the registered sale deed in favor of the prospective buyer on behalf of his principal/shareholders..
Dear client,
If you make a PoA outside India then you should make the registration at the office of the sub-registrar within whose jurisdiction the person giving the power resides. If the person resides abroad, the power should be attested by the Indian consulate in that country. Such power of attorney should be used within 3 months from the date of its execution. Then he or she on your behalf can sign in India to sell your home and there is no need for you to visit India.
Hope this helps you.