Apply for letters of administration from district court in name of legal heirs as parents died intestate
2)enclose death certificate of parents
3) schedule of property
4) in case there is no contest you can get LA in 6 months
Family Member Certificate / Legal Heir
But the Thasildar at Telangana says , it can be issued for one purpose only and it cannot be issued in general. They issued for the bank in specific and they dont give in general thats what was told
Asked 27 days ago in Property Law
Religion: Hindu
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8 Answers
If the property is in Karnataka, obtain Legal Heirs Certificate from the jurisdictional Tahsildar by providing the death certificates of your parents.
Yes, the tehsildar is right. A legal heir certificate can be issued only for specific purposes. Please comply with this requirement.
If the local rule says that the certificate issued for one purpose alone then it may not be valid for using the certificate for some other purpose.
The family member certificate may be a substitute for succession certificate issued for movable properties , hence you may have to apply for legal heirship certificate for immovable properties too.
But since the property is in Bangalore and your father is reported to have lived and died at Bangalore you may have to obtain the legal heirship certificate at Bangalore
- 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
- Further, a legal Heir Certificate is needed for the following purposes :
- For transferring the properties & assets of a deceased person to his legal heirs/successors.
- For receiving dues such as provident fund, gratuity etc. from the government authority.
- For claiming insurance
- For sanctioning and processing family pension of a deceased employee.
- For claiming employment on the basis of compassionate appointments.
- For receiving salary arrears of a deceased state or central government employee
- For claiming deposits, investments, shares etc. from the bank and private companies.
- For Filing Income Tax Returns on behalf of the deceased under section 159 of the Income Tax Act,1961.
- Hence, if the said certificate is not issued by the Tehsildar for general purposes as mentioned above then you will have to file a petition before the district court for getting succession certificate.
1. The legal heir certificate is issued not for any specific purpose but for general use.
2. Ask the said Thahsilder the Rule or Section of the Law based on which he is so commenting.
Dear client, the certificate can be issued not only for specific purposes but also for all purposes.
Yes for general you have to go for succession certificate
