• Legal Heir Certificate - West Bengal

My father passed away this Jan'16, leaving behind me and my mother. I am from Kharagpur, West Bengal. I am in urgent need of the LEGAL HEIR CERTIFICATE for ownership transfer of Property, Tax, Shop, Bills etc. All works are pending.Please help me with the procedure to obtain it.
Asked 9 months ago in Constitutional Law from Kharagpur, West Bengal
1) if your father died intestate you need letters of administration from court for transfer of immovable property in your name and that of mother 

2) if your father left a will you need probate of will 

3) mere legal heir certificate wont suffice . 

4) legal heir certificate has to be obtained from district court 

Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
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1) you have to apply to Tehsildar or court for issue of legal heir certificate 

2) enclose copy of your father  death certificate, mother marriage certificate 


3) an affidavit has to be executed by all the heirs of the deceased person declaring the details of the death and the names, ages and addresses of his heirs. After due verification if necessary by deputing his assistant the Tehasildar will issue the heirship certificate. 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
you can contact a local lawyer 

legal fees vary 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
You should engage a local lawyer to obtain the legal heir certificate.
Ashish Davessar
Advocate, Jaipur
19201 Answers
484 Consultations
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Charges will be the sin total of your lawyer's fee and the amount incurred on the process.
Ashish Davessar
Advocate, Jaipur
19201 Answers
484 Consultations
5.0 on 5.0
You have to approach the Revenue department/Tehsildar's office within your jurisdiction or within the limits where your father resided for the last one year, apply in a plain paper giving the details of all the successors to your father  and enclose his death certificate, seeking legal heirship certificate.
The authority, in the normal course shall furnish the desired certificate after you comply with necessary formalities in this regard. 
T Kalaiselvan
Advocate, Vellore
16500 Answers
153 Consultations
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I am of 21yrs old and Studying in a reputed College. Everthing need to be changed in my Mom's name. LEGAL HEIR CERTIFICATE is asked by the Railways to change the name of the property and also to obtain NOC regarding shop from Railways;

You can apply for legal heirship certificate from Revenue department or the Tehsildar's office within your jurisdiction be following the requisite formalities in this regard.
You can do it directly by yourself without taking anyone's help in this regard.
T Kalaiselvan
Advocate, Vellore
16500 Answers
153 Consultations
5.0 on 5.0
Actually we got an affidavit from MM by taking oath, but Railways refused to accept it. They told that, NOC for shop will be given only after submitting Legal Heir Certificate. Father didnt made any will. Please tell me the procedure to obtain it? Charges for obtaining it? Whom to approch??

The certificate by MM shall not suffice the requirement, you have to procure an authentic certificate from the competent authority.
You may follow the steps suggested above. 
T Kalaiselvan
Advocate, Vellore
16500 Answers
153 Consultations
5.0 on 5.0

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