• Reg legal heir certificate

Hi,

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


Regards.
Asked 9 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
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.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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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.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0

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