Reg legal heir certificate
I am the only son of my parents, born in the year 1960, but I was adopted in the year 1964 from within the family (My father's Nephew being my biological father) after my father passed away in 1962. Thereafter, I was brought up by my mother, who had adopted me and I inherited her property in due course. However a plot of land was pending to be transferred to my name when she passed away in 2011.
I want to know the process of transferring a plot of land in my name from my mother's name (who passed away in 2011) as I want to develop the said plot. I approached a reputed builder and he began with the routine processes which are required to obtain permission from the municipality and other relevant procedures, until I was told by him that I need to produce a legal heir certificate in order to proceed with the development of the said plot as the authorities are asking to produce the Legal Heir Certificate.
I have the following documents with me to support my case.
1. Original Notarized will deed executed in favor of myself and my family members.
2. Certified copy of sale deed of that plot.
3. Original Encumbrance Certificate from the SRO
4. Original Household card of myself and my Family.
5. Original Aadhar Card of myself.
6. Original Death Certificate of my father
Asked 12 months ago in Property Law from Hyderabad, Telangana
The documents you have with you are enough to get such certificate.
Apply with the local Tehsildar's Office with those documents.
They will issue such certificate .
Another option is to apply for succession certificate from court of law.
The authorities are fools if they are insisting on a legal heir certificate even after being shown the will in your favour. You should file for probate of the will and then apply for mutation of property in your favour. If even then the authorities obstruct the process on one pretext or another then necessary directions can be sought from the court.
Thanks for the reply !
The need for me to develop the plot arose only recently, therefore I had not applied for the legal heir certificate after my mother's death in 2011. Earlier I had approached a lower court lawyer who represented me in the suit for declaration of Legal Heir. The lawyer filed a cause of action with the exact words mentioned in the PLAINT PRESENTED U/S 26 ORDER 7 RULE 1 & 2 OF CPC SUIT FOR DECLARATION OF LEGAL HEIR.
CAUSE OF ACTION :
" The cause of action for filing the suit arose on 26/11/2015 when the plaintiff approached the GHMC authorities to mutate his name in the GHMC records for the suit property and on 27/11/2015 when the plaintiff approached the concerned Tahsildar to obtain the legal heir certificate and Tahsildar refused to issue legal heirs certificate, hence the suit is within time"
However the above mentioned cause of action was dismissed by the court of Hon'ble Addl. Junior Civil Judge Ranga Reddy District on grounds of not filing the suit within three years of the death of my mother which is 12th June,2011 as per Article 58 of the Limitation act.
the exact words of the judgement being...
" The plaintiff is seeking a declaration that he is the legal heir of Late Smt. XYZ. Though the plaintiff filed Aadhar card and Household card to show his relationship with the Late Smt XYZ, as per the contention of the plaintiff and as per the death certificate of Late Smt. XYZ died on 12.6.2011. As per Article 58 of the Limitation Act the period prescribed for filing the suit seeking declaration is three years. There is no explanation as to why the plaintiff has not chosen to file the suit seeking a declaration that he is a legal heir of late Smt. XYZ within the period of limitation prescribed. Further though the plaintiff contended that he approached the defendant no.1 (i.e. Tahsildar) on 27.11.2015 seeking issuance of a legal heir certificate and was refused issuance of a legal heir certificate there is no evidence to prove the said contention. The suit filed by the plaintiff is barred by limitation. Hence the point is answered against the plaintiff. In the result, the suit is dismissed without costs.
I want to know the following.
1. As per Article 58 of the Limitation Act, does the three year period which is being talked about begin from the date of death of my mother or does the period start from the time the suit was filed with GHMC on 26/11/2015. What proof does the judge want when she has said there i sno evidence to prove the said contention ?
2. I have come across and gone through a couple of similar cases with one case involving three legal heir' having filed the suit a couple of months ago whose mother passed away in 2007, but they were awarded with the legal heir certificate recently. I want to know whether there is an error in judgement or is it something else because of which my suit got dismissed ?
3. Can I use the above case to support my cause as an argument during the time of hearing ?
4. What should be the words for "Grounds" and the "Relief and Prayer" to be mentioned in the MEMORANDUM OF APPEAL SUIT (U/s 96 of CPC) IN THE COURT OF THE HON'BLE DISTRICT JUDGE ??
Kindly note that NO details have been suppressed whatsoever in this case as I had submitted the Original Notarized will deed executed in favor of myself and my family members, Certified copy of sale deed of that plot, Original Encumbrance Certificate from the SRO, Original Household card of myself and my Family,Original Aadhar Card of myself and Original Death Certificate of my father, in the said Hon'ble court.
Asked 12 months ago
1) instead of legal heir certificate you should have applied for probate of will of your mother
2) delay in moving court for 6 years has to be explained by you .
3) period of limitation under article 58 would be 3 years from date of death of your mother
4)if you had approached Tehsildar in Nov 205 you should have produced copy of application made to Tehsildar duly acknowledged by him
5) as mentioned earlier if any declaratory suit is not filed within 3 years reasons for delay have to be explained in your application filed in court
1. It begins from the date on which you made the application to GHMC. The order of lower court seems to be erroneous, you are free to challenge it,
2. Your lawyer who has the privilege of having perused all the case related documents alone can tell what are the grounds on which the judgment may be assailed. Any other lawyer whom you desire to obtain an opinion from would ask you to show all the documents of the case.
3. You are not a trained legal mind, so let your lawyers decide what is to be written in the appeal.
Hi, you should apply for a succession certificate .not sure on why your lawyer misguided you and filed a order 26 CPC suit and that too without attaching your application to tahsildar(MRO) for legal heir certificate and fees thereof( see your judgement). From what i understand you need a succession certificate(legal heir) issued by court.