• Legal process post parents' death

Post our parents death, we have decided to distribute all property, land, KVP, FDs and Insurance accounts among 3 sons and 1 sister, equally. Both Death Certificates have been obtained successfully from the Local Municipal Body.

As the above accounts do not have nominee attached to them at all and that my 2 brothers and 1 sister all being NRIs, and myself being a resident Indian in Mumbai, please suggest the best legal procedure to withdraw and distribute all amount/property equally, among all the legal heirs mentioned above.

1. How to obtain Legal Heir Certificate and if this would suffice the above-said disbursement and property shares?
2. As brothers and sister are NRIs, do they need to apply for Legal Heir Certificate separately too?
3. If yes, would the procedure for them be different or lengthy from what would be followed by me in order to obtain the same?
4. Shall banks and Tehsildar disburse/distribute the amount/property shares equally post Legal Heir Certificate without any more requirements?
5. Any additional points to remember throughout the process?
6. As I reside in Mumbai, and that death certificates have been issued by a town's municipal body in Maharashtra, is it required for me to run after a lawyer based in town or even a lawyer based in Mumbai would do?

Detailed assistance appreciated.
Asked 7 months ago in Property Law from Mumbai, Maharashtra
Religion: Muslim
1) apply for and obtain letters of administration of various movable and immovable properties in name of the legal heirs from
Bmbay high court 

2) legal heir certificate will not suffice 

3) banks will not disburse funds  merely on basis of legal heir certificate 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Hi 

You can obtain a legal heir certificate(or a family member certificate) from the Revenue office  of the place  where your parents last lived. 

It is sufficient that all the legal heirs jointly sign an affidavit stating that they are the legal heirs and one family member applies for legal heir certificate for himself and on behalf of other family members. The Revenue officials based on affidavit will make enquiry and issue a legal heir certificate(Family member certificate). Some times these officials will ask for birth certificates /  school certificates, so that they have additional records pertaining to name of father, mother , place where lived etc  along with affidavit. 

Banks/ tahsildar will be ready to disburse based on legal heir certificate itself. 
All legal heirs will need to submit an affidavit and indemnity bond to the bank for disbursement of FD's KVP and Insurance. 

For property, tahsildar of the location where your property is located will mutate the property in to joint names of the legal heirs in government records. However the legal heirs if they want to partition the property and transfer the property in to individual names, will need to effect partition deed and pay stamp duty and registration charges as prescribed(The state of maharashtra charges reasonably low stamp duty and registration charges for partition amongst family members)

Better to hire a local lawyer (where your property is situated/ where your parents last lived) and get the things done in a planned way.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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1. To realise his liquid assets you require succession certificate from the court. The bank will not allow the realisation of FDs without succession Certificate. So all the heirs of your father should together apply for Succession Certificate in the court. A legal heir certificate will not suffice.

2. In so far as the immovable property is concerned it can be divided amicably by executing a deed of partition. This does not require a Succession Certificate.

3. You require a Mumbai based lawyer if all the liquid assets are in Mumbai.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1. How to obtain Legal Heir Certificate and if this would suffice the above-said disbursement and property shares?
First apply for legal heirship certificate giving details of all the legal heirs of the deceased and annexing the death certificate of the deceased, before the revenue department, get the certificate after complying the formalities and then proceed with mutation of the records as per family arrangement and mutual agreement among you siblings.



2. As brothers and sister are NRIs, do they need to apply for Legal Heir Certificate separately too?

Any one of you can apply for legal heirship certificate by including everyone's name in he application for the same before the revenue department.




3. If yes, would the procedure for them be different or lengthy from what would be followed by me in order to obtain the same?

Not necessary





4. Shall banks and Tehsildar disburse/distribute the amount/property shares equally post Legal Heir Certificate without any more requirements?

After obtaining the legal heirship certificate, you should apply for the claim accordingly and the other shareholders should authorise you to obtain their share also on their behalf by following the correct legal procedures for each claim including partition


5. Any additional points to remember throughout the process?

An authorisation letter duly notarised by the notary of their respective country in your favor to follow the procedure and procure the necessary relief and claim and also a GPA if possible to transact with the immovable property on their behalf shall be a suggested measure to follow the process properly.



6. As I reside in Mumbai, and that death certificates have been issued by a town's municipal body in Maharashtra, is it required for me to run after a lawyer based in town or even a lawyer based in Mumbai would do?

If you can handle the issue by yourself, you dont need to take the guidance of a lawyer and also not all the lawyers would be acquainted with the procedure and formalities in this regard.
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
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