1) File petition in HC or district court having jurisdiction for issue of legal heir certificate 

2) in bombay petition has to be filed in bombay HC  for issue of legal heir certificate .in other district in mahrashtra it can be filed in district court for issue of legal heir certificate 

Since your grandmother passed away in State B, administrative jurisdiction for revenue documents like an LHC primarily sits in State B (where she resided and died), not State A. Trying to issue an LHC directly from State A’s revenue office often results in procedural deadlocks because local Revenue Inspectors/Village Administrative Officers in State A cannot conduct local door-to-door physical verification in State B.

Apply through the revenue portal or Tahsildar/SDM office having jurisdiction over the area in State B where she last resided.

Death Certificate, proof of relationship showing your father is her son (his birth/school certificate, Aadhaar, old ration card), an affidavit sworn by your father stating he is the sole surviving Class I heir, and local address proof of the grandmother are to be annexed.

Revenue departments operate strictly within their state jurisdictions. A Tahsildar in State B will not issue a letter to a Tahsildar in State A stating "We have not issued an LHC to anyone."

Asking for an inter-state NOC is typically an administrative brush-off by local officials in State A who do not want to take responsibility for verifying events that occurred in another state 20 years ago. Pursuing this route will likely stall the matter indefinitely.

You cannot execute a valid sale deed or register a transfer directly while the land records still list your deceased grandmother as a co-owner.

Alternatively you may file a suit for declaration to declare the legal heirs of your grandmother before a civil court which will be more effective way to solve your problem

1. The legal heir certificate has to be issued only by the Tehsildar under whose jurisdiction your grandmother lived last.

2. There is no question of NOC as the other State has no records of your grandmother there.

3. The registrar may insist on a LHC.

1. Easiest way to get a Legal Heir Certificate

The legal heir certificate must be obtained from the Tehsildar or revenue authority of the area where your grandmother ordinarily resided at the time of her death, not where the property is located. Since she passed away in State B, your father should apply there. Required documents typically include the death certificate, proof of relationship, identity and address proof, and a self-declaration affidavit listing all legal heirs. Given the twenty-year delay, the Tahsildar may conduct a local enquiry and insist on additional evidence. If the revenue office refuses, your father can file a petition before the District Civil Court for a succession certificate or declaratory relief.

2. Validity of an interstate NOC

There is no standard administrative "NOC" that a revenue authority in State B issues to certify they have never issued a legal heir certificate to anyone else. The Tahsildar's demand for such a document appears procedurally unsupported. What State B can provide is a certificate confirming that no legal heir certificate was issued to any other person for your grandmother. However, this is not a substitute for the substantive legal heir certificate itself, which must be obtained from the competent authority where the deceased resided. Your father should not rely on an interstate NOC to resolve the underlying requirement.

3. Selling the property without a Legal Heir Certificate

The sale is problematic without first establishing legal heirship. Because your grandmother died intestate, her share in the property devolves upon her legal heirs under the Hindu Succession Act. To sell the entire property, the title must be clear and your father must be recognized as the sole heir through a legal heir certificate or succession certificate. A succession certificate is the more robust document for property transfer and is generally required by buyers and registration authorities. Without it, the sale deed may be rejected for lack of proper title clearance. Your father should prioritize obtaining the certificate before proceeding with any sale.

Dear Client, 

The appropriate remedy depends on the revenue laws and procedure of the concerned state. Since the state where the legal heir certificate (LHC)  is  being sought has not been specified, the applicable state law should first be clarified.

1. LHC: Your father should submit his application before the concerned Tahsildar/revenue department along with the death certificate, genealogy/family tree, identity documents, and an affidavit confirming that he is the only remaining lawful heir. In case of refusal, obtain a written order and go ahead with the necessary action before the competent Court.
2. NOC from State B: There is no general statutory concept of an “NOC” as such for LHCs. The Tahsildar may, however, ask for verification from the State B that an LHC was not previously issued there. This is a purely administrative necessity, not a method of heirship establishment.
3. Sale: If your grandmother remains a recorded co-owner, her share cannot simply be sold without establishing succession to that share. Your father should first establish himself as her successor and have the title/revenue records appropriately updated. Depending on the title history, an LHC alone may not conclusively establish ownership.

I hope this answer helps, if you have any further queries please do not hesitate to contact us.

The most practical route is to separate proving your grandmother’s legal heirs from obtaining a particular state’s Legal Heir Certificate (LHC). Your father may be able to establish that he is the sole heir, but the correct procedure depends on the state where your grandmother died, the state where the property is situated, and the local rules governing LHC issuance.

One important point: a Legal Heir Certificate is evidence of the family relationship and claimed succession; it does not, by itself, conclusively determine ownership of the property. Equally, your father’s claim that he is the sole heir should be supported by the applicable succession law and family records, rather than inferred solely from the absence of siblings.

1. Easiest way to obtain the Legal Heir Certificate

Your father should first submit a formal application to the competent revenue authority in the state where your grandmother ordinarily resided before her death, enclosing her death certificate, proof of his relationship with her, available family records and an affidavit explaining that she left no other legal heirs.

However, the correct issuing authority depends on the applicable state rules. The fact that she died in State B does not, by itself, conclusively establish jurisdiction; her ordinary residence and the relevant state’s procedure must also be checked.

If the Tahsildar in State A insists on an NOC, ask for the specific rule, circular or written order requiring it. If the application is refused or kept pending without a valid reason, representation to the superior revenue authority, followed where appropriate by a writ petition, may be considered.

2. Is an inter-state NOC required?

There is no general, uniform rule requiring one state to issue an NOC to another state in every Legal Heir Certificate case. Whether such a document is required depends on the applicable administrative procedure.

Rather than pursuing an informal NOC indefinitely, obtain a written clarification from the Tahsildar identifying the legal basis for the requirement. That will help determine whether the requirement can be challenged or whether an alternative document or verification from State B will suffice.

3. Can the property be sold without the Legal Heir Certificate?

The absence of an LHC does not automatically mean that your father has no inherited title. If your grandmother was a co-owner and your father validly inherited her share as her sole heir, his rights arise under the applicable succession law, not merely from the certificate.

However, your father cannot convey more than the title he can legally establish. Until the grandmother’s share is satisfactorily documented, a purchaser or the registration authorities may raise objections. Your father may be able to transfer his own established share, but conveying the entire property requires a legally sufficient basis to establish and transfer the grandmother’s share as well.

My recommendation: Do not begin with a civil suit unless the administrative route has been properly tested or there is a genuine dispute over heirship. First obtain a written response from the Tahsildar and identify the applicable state procedure. If the only obstacle is an unsupported administrative demand, a targeted challenge may be more proportionate than immediately instituting a full civil suit. The exact route depends on the two states involved.