• Obtaining original property documents from bank

Hello,

My dad passed away in Dec 2009, and he is survived by my mother, sister and me.
He was a co-applicant for a home loan. Now we have closed the loan, however the bank is requesting for a legal heir certificate to return the original documents. 

When I inquired I got to know that the legal heir certificate should have been obtained within a year of my dad's passing away. Is there a way to obtain the same now? Also, would a surviving family member certificate be enough to get the original documents from the bank.

Any help/inputs would be greatly appreciated.
Asked 2 years ago in Property Law from Bangalore, Karnataka
the  Madras   High Court had ordered that there was no limitation on making such applications and, therefore, the revenue officials concerned should not shirk their responsibility of issuing the certificates. A similar order was passed on April 17, 2013, making it clear that delay in making applications was not a valid reason for denying legal heirship certificates.

Yet, the officials were continuing to reject applications in defiance of the court orders as well as a 2009 Government Circular which merely stated that legal heirship certificates should be issued after a thorough verification by the jurisdictional Village Administrative Officer (VAO). The circular also did not lay down a specific period within which the applications should be made.

After pointing out the anomaly, the judge recorded the observation of the AAG that he would ask the DROs within the jurisdiction of the High Court Bench to issue written instructions to all the Tahsildars, Revenue Inspectors and the VAOs not to reject applications on the ground of delay and to dispose of every application within a maximum period of four weeks.J ustice T. Raja had held that delay in making applications could not be a ground to refuse legal heirship certificates.
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
1. There are umpteen no.s of cases where the legal heirs staying abroad have arrived India after years of death of their father and applied for legal heir certificate to claim share of property and received it,

2. You formally apply for the same to the local Tehsilder/Revenue officer,

3. If you are refused, file a Writ Petition against such order before the High Court to get relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12106 Answers
231 Consultations
5.0 on 5.0
When an individual is expired the surviving members of the deceased seek the surviving members certificate for the purpose of settlement of claims in respect of the deceased.

 Affidavit to the following effect :

a. Details of deceased
b. Relationship with the deceased
c. Details of surviving members of the deceased, their ages, relationship with the deceased
d. Purpose for which the certificate is required.


3. Death Certificate.

4. Photocopy of Ration Card/any other residence proof of Delhi.

5. Copy of letter/reference of the authority before whom the surviving members certificate is required to be submitted (if any).

After receiving application from the applicant this office conducts the verifications into the matter through the Tehsildar on the basis of the report of Tehsildar, & documents submitted by the applicant, this office issues the said certificate to the applicant. in karnataka issued within 7 days as per karnatka Govt website
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
A Legal Heirship Certificate is issued by a tahsildar. A tahsildar is an officer of the revenue branch of the State.

A tahsildar has no right to decide on disputed issues of title or succession. a summary enquiry is undertaken by the tahsildar,  to ascertain the legal heirs of the deceased, so far as may be possible.

A certificate is issued on the basis thereof.

This certificate is useful for certain very, very limited purposes, such as mutation of revenue records and the like. 

Wherever there is a dispute, or a more formal certificate is required, a person claiming rights under a deceased has the option to apply to the competent court for the issuance of a Succession Certificate.
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
1.you can still apply for the legal heir certificate with the Revenue officers/Tahsildar's office.

show sufficient cause to them for the delay. file application for condonation of delay along with main petition.

2. time period cannot be predicted.

3. if they deny issue of LHC then file writ of mandamus in high court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi, you have to apply for succession certificate from the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)The Revenue Department issues the Legal Heir Certificate; however, you need to approach the concerned Taluk Headquarters/Teheseeldar to issue the Legal Heir Certificate.

2) Go with docs like the Death Certificate of your father along with your application. 

3)The Revenue Department people will conduct an inquiry after that they will issue the Legal Heir Certificate.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
1.  Legal heir certificate is a certificate used to prove who are the legal heirs to a property left by the deceased. It takes 2 to 3 months to get certificate from the civil court. 
There is no provision of law which lays down that legal heirship certificate cannot be applied after a year has elapsed as from the date of death of the deceased.

2. You have to approach the concerned Taluk Headquarters and ask the Revenue Inspector or Thasildhar to issue the Legal Heir Certificate. You have to produce the Death Certificate of your father alongwith your application and if you have got any other proof, you can enclose IT too. A list containing names of all Legal Heirs and their current addresses with their relation to the deceased should be mentioned on an Affidavit. The Revenue Department people will conduct an enquiry after that they will issue the Legal Heir Certificate. It is as simple as that. 

3. If it is denied on the ground that more than a year has elapsed as from the date of your father then move to High Court. You will get the certificate for sure.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. There is no legal document such as ''surviving family member certificate''. The proper term is ''Succession Certificate''.

2. For getting succession certificate one has to apply in the civil court, whereas legal heir certificate is issued by tahsildar. Succession certificate is required to claim only movable valuables.

3. There is no other difference between the two.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
A. A tahsildar has no right to adjudicate on disputed issues of title or succession. Before the issuance of the Legal Heirship Certificate, a summary or preliminary inquiry is undertaken by the tahsildar, through his or her functionaries, to ascertain the legal heirs of the deceased, so far as may be possible.

B. Wherever there is a dispute, or a more formal certificate is required, a person claiming rights under a deceased has the option to apply to the competent court for the issuance of a Succession Certificate.

C. A Legal Heirship Certificate assumes importance only in a scenario where there is absolutely no dispute regarding the persons entitled to succeed to the estate of a deceased person. It cannot be relied on to establish title of any kind. It is not final and binding. Any person who believes that he too is a legal heir, will always be entitled to ignore such Legal Heirship Certificate and institute appropriate proceedings before a competent court.

D.The court which is called upon to adjudicate in such proceedings will disregard the Legal Heirship Certificate and will decide the matter on the basis of direct evidence laid before it.

A person who relies on a Legal Heirship Certificate can therefore do so if he is reasonably certain that there are no disputes between the parties who assert claims to the estate of the deceased.sources the Hindu News.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
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
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Hello,
There is no restriction that the legal Heir Certificate has to be applied within an year of the death of the person.
The tehsildar upon receiving the application is ought to have made primary enquiry and issued the certificate without any ado.
If the tehsildar is refusing to issue the certificate despite the formal rtequest you will need to move the High Court against such refusal.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0

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