There is no provision under the law which states that legal heir certificate has to be applied within a year.
You will have to approach the Thasildhar of your area and request through an application to issue the legal heir certificate alongwith some documentary evidence to establish your relationship with your father.The Thasildhar will depute a Revenue Inspector who will inquire the nearby residents and neighbourers to ascertain the fact and then finally you will get the Legal Heir Certificate.
Incase, the Thasildar refuse to accept your application, you can file a Writ petition against such order.
A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts.
Application: A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.
Details: The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
Process: The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.
Fees: The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate.
Points to note
The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate
is typed, duly signed and delivered.
In addition to the court fee, the lawyer's fee also needs to be taken into account.
If the petition is not contested, the court usually issues a succession certificate in five to seven months