I have a property under construction which is under joint ownership of myself and my wife. I also have a loan from HDFC under joint name. My wife passed away last year and I need to transfer the house loan on my name from joint. The bank has asked for a heir certificate for this.
I live in South Bangalore (Bannerghatta Road) . Can you please guide me on:
Procedure to get the heir certificate
Which office to apply, forms, documentation required etc
How long does it take?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Hi, you have to apply for succession certificate from the court.
2.You have to make application before the District and Secession judge for succession certificate.
1) you have to apply to district court for issue of legal heir certifcate .
2) file petition for issue of legal heir certificate enclose copy of your wife death certificate, marriage certificate
3) file an affidavit that after your marriage was solemnised you had jointly purchaed flat , that your wife died intestate
4) it will not take more than 3 months
Apply for succession certificate from local court. It takes 6-8 months to get such certificate. Meet a local lawyer, he will brief you everything.
obtain the legal heir certificate from the District Tahasildar office after submitting an application with family details and death certificate of your wife.
You will have to apply to the Tahsildar of the Taluka within which the deceased last permanently resided.
The documents required are
1. Death certificate of your wife
2. Marriage certificate if any(not mandatory)
3. Ration card showing the members of the family
4. Identity cards of the members/heirs
5. Birth certificates of the children
Fill the application form pay a nominal fee
it will take a month time for the certificate to be issued.
The Karnataka revenue authority do not issue legal heirship certificate. Instead you can get a Family tree or genealogical certificate from the Revenue department/Tahsildar's office. This will contain the information you have made in the application for that.
This certificate duly signed by the competent authority should suffice your requirement.
1) The bank is asking for legal heir certificate for transfer of the loan in your sole name.
2) You need to visit your concerned Tehsildar Office and get the application form for legal heir certificate.
3) It should be submitted at Tehsildar office after duly filling the form and attaching the original death certificate and a copy of the death certificate of your wife.
4) The certificate should be issued by the office of the Tehsildar 15 days after submission of the application.
When the ownership of property was joint the bank did not require legal heir certificate to transfer the loan to your name. On her demise you and your children succeeded equally to her share in the property. The competent authority to issue legal heir certificate is teshildar.
For South Bangalore, can you please tell me the address of the Tehsildar office to get the heir certificate? Is this something that I can do on my own or a lawyer would be needed?
Asked 2 years ago
1) it is better you engage a local lawyer in this regard
2) in the alternative visit the tehsildar office personally
3) only local person can guide you as to address of the tehsildar office in Bangalore
You can approach the Tahsildar office situated within your residential jurisdiction You carry a Family tree certificate drafted by yourself which includes all the embers of your household especially those who are considered as successors to the deceased, get it notarised, approach the Revenue Inspector with an application to issue legal heirship certificate on the basis of the notarised family tree certificate in your possession, you may also attach photocopies of the ration card or any identity proofs to show the family members as successors to the deceased. You can do it yourself without the help of a lawyer if you can understand the legal terms r or any other necessary formalities in this regard to be complied with accordingly.
This question can be answered only by a Bangalore based lawyer. You do not require a lawyer for this.
1. Legal heir certificate is issued by Tehsilder or Councillor of local Municipal Corporation,
2. The Councillor will ask you about the death certificate of your wife and your affidavit affirming that your wife has no other legal heir and you are his only legal heir.
1. You can also approach your local Municipal Councillor for the said legal heir certificate,
2. You can do it yourself without taking the assistance of any lawyer.