We currently live in Bangalore. We have a flat in Chennai, initially purchased by my father in law and husband. My father in law passed away in 2006. There was no legal heirship certificate done, but my mother in law and sister in law settled the property in my husband's name in 2008. there was no legal heirship certificate for my father in law. He had left a will but it was not probated. In 2011 my husband died and we got his legal heirship certificate done. Since his mother was surviving, she was a part of the Legal heir. She settled the property claim in name of my two daughters. My mother in law died in 2014, and has left no will. We dont have a legal heirship certificate in her name. I would like to know if I need to get legal heirship certificate for both my father in law and mother in law in order to change the name in property tax / electricity board. If yes, should it be applied by my sister in law or can my daughters (grand daughters of the deceased couple) can apply? Can I get a POA for my sister in law to apply for legal heirship certificate and proceed as she will not be able to travel to Chennai for this purpose? If my sister in law has to settle the property in name of my two daughters can she give me a POA ? Please advise. Thanks
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While my father in law and mother in law both were in Karnataka when they died, my husband died in Chennai.
1) if father in law left will apply for probate of father in law share in flat . Probate is mandatory in chennai
2) since mother in law died intestate apply for letters of administration of mother in law share in flat
3) notice woukd be issued to aster in law as she is legal heir
4) legal heirship certificate is not sufficient for succession to property
5) SIL can execute POA in your favour
6) SIL can execute gift deed or relinquishment deed for her share in property
You have to apply for legal heir-ship certificate for your father in law and mother in law at Bangalore and your husband in Chennai.A copy of the death certificate has to be produced along with application before Village officer. After the death of your father in law the right over the property devolves on his legal heirs. After the death of your husband the right over the property goes to you and your mother in law and your children. After the death of mother in law the right of the mother in law also goes to her legal heirs. POA is enough to sufficient for creating any registered deed.
Unless your sister-in-law has executed a relinquishment deed of her share in your or your daughters' favour you will require a legal heirship certificate to change the name. The certificate can be applied by either you or your sister-in-law.
The problem is legal heir ship certificate of your in laws.
Since the property had been settled in favor of your husband by his father, it becomes his own property and hence there was no need to obtain legal heir ship certificate for your father-in-law's successors.
Subsequent to your husband's death, the property were equally distributed among his legal heirs i.e., you , your mother in law and your children. Since your mother in law also had transferred her share of property on your daughters' name, the necessity for legal heirs for your mother in law is also not required.
Thus on the basis of both the settlement deeds, you can get the revenue and all other records pertaining to the property, transferred on joint names of your children and you.
Therefore, as there is no necessity to obtain legal heir ship certificate, you need not trouble your sister in law residing abroad for this purpose.
Discuss in depth about the necessary formalities in this regard with an experienced advocate.
While my father in law and mother in law both were in Karnataka when they died, my husband died in Chennai.
In my opinion, at this stage when the property mater has already been settled within the family members, there is no need for legal heirship certificate in respect of successors of the deceased persons.