Is legal heir certificate issued in Kerala valid in Tamil Nadu
My father expired in Kanchipuram last month. We got the death certificate from Taluk office. But for some bank transactions we require a legal hire certificate. The problem is that his name is there in ration card from Kerala since he is an original resident of Kerala. But the bank account in question is in Chennai. Will a Legal hire certificate issued in Kerala be acceptable in a bank in TamilNadu?
Asked in Civil Law from Chennai, Tamil Nadu
1) you need a succession certificate form court for funds lying in father bank accounts
2) obtain succession certificate from kerala as father was resident of Kerala
3)it would be valid for bank accounts in Chennai
A legal heir certificate issued by Kerala State government is valid all over India and the banks in Tamil Nadu should not have any objection to accepting the legal heir certificate issued by Kerala government.
If the bank objects to legal heir certificate issued by Kerala government, then the bank will be liable to Contempt of court and will be subject to criminal contempt.
1. No.Legal heir certificate issued by te authority of Kerala is valid for the inheriting the properties located at Kerala.
2. For inheriting the properties of Tamilnadu, you shall have to submit the legal heir certificate issued by the concerned authory of Tamilnadu.
. For claiming immovable properties like amount lying with Bank account, you are required to apply for and avail Succession Certificate from the appropriate Court.
I'm now really confused since three advocates gave 3 different answers. Someone kindly guide me on the required document. My father had placed some jewellery for interest in a bank. Even though I have now paid the principal amount the bank has asked for a legal hire certificate for me to withdraw the jewellery. In this case do I need a Succession certificate or a Legal Hire Certificate? The problem is that my father's name is included in Kerala ration card therefore I can get legal hire certificate from kerala. But the concerned bank is in tamilnadu. Please guide me.
Asked 6 months ago
If bank is willing to return jwellery an d money lying in bank account on basis of lega heir certificate proceed with legal heir certificate only
2) apply for LHC in Kerala
1. In this forum the experts can not see each other's advises for which can not comment thereupon.
2. It is an established fact that succession certificate is required for claiming moveable properties and legal heir certificate is required for claiming immovable properties.
3. If the Bank Manager has asked for legal heir certificate for handing over the possession of the articles of the locker kept in the name of your father, then submit it at the earliest since succession certificate takes a long time and requires payment of stamp duty depending on the value of the items in he locker.
4. If your father had kept the jewelry in the Bank at Tamilnadu, then certainly he was placed at Tamilnadu at that time.
5. Arrange for the legal heir certificate from the counselor of the Municipality of Tamilnadu where your father stayed at h time of opening the aid locker.
1. The legal heir certificate issued in one state is valid throughout India, but the corrupt and lousy babus in the revenue offices would more often than not refuse to accept it, so you better obtain it from Tamil Nadu.
2. If you are to realise the liquid assets of your father then you require a Succession Certificate from the court within whose jurisdiction the bank is situated. A legal heir certificate is not required. You can file a petition for Succession Certificate on the basis of death certificate of your father.
The bank generally insist on succession certificate if the claim amount is huge.
Instead of submitting succession certificate you may submit an indemnity bond which shall be signed by all the legal heirs and attach a copy of the legal heirship certificate to this indemnity bond.
This will be accepted by the bank since they also know that the process of getting succession certificate from court will take long time.
Generally it is succession certificate for movable properties, but if the bank is okay with the legal heirship certificate, you may submit the same.