Monday, August 11, 2008

Legal Heir Certificate

Legal Heirship Certificate (Mumbai)

Introduction: This certificate is issued for a limited purpose of receiving Government dues such as Govt. Provident Fund, Gratuity etc. to the legal heir of the deceased employee of the State and Central Govt.

A) Under what Act/Rules/Govt. orders, the certificate is issued : Maharashtra Treasury Rules, 1968, Rule 359

B) Which office to contact :Concerned Window , Mumbai City Collectorate , Old Custom House, ground floor, Fort Mumbai-01

C) How to make an application :
The application should be made in the prescribed form.
Affix Court Fee Stamp of Rs.2/- on the application

D) What documents to attach along with the application :
Xerox copy of the first & last page of the ration card
Affidavit duly affirmed on stamp paper of Rs.20/-
Death certificate Service Record from the office of the deceased employee

E) Where to submit the application :Concerned Window, Mumbai City Collectorate , Old Custom House,Ground floor, Fort Mumbai-01

F) Time limit within which the certificate will be delivered : 15 Days.

G) Complaint redressal authority : Tehsildar

Steps for Registering your Heirship

In case somebody died intestate (without a will) and you are a single or joint heir to such deceased person, you should take the following steps {and it takes the approximate time as mentioned in the brackets} to have your name/s entered into the property records in place of the deceased person.
1.Heirship Certificate

a)Bring Death Certificate from Municipality & Church / Mosque (In-charge of the burial ground).{1-2 Days}

b)Apply to local Talathi / Patwari (Revenue Clerk at the village level) for Heirship Certificate.{1 Day}

c)Prepare affidavit in Mamletdar / Tehsildar Office. {1 Day}

d)File the affidavit before Talathi / Patwari (Village Revenue Clerk). {1 day}

e)Obtain Heirship Certificate from Talathi / Patwari. {1-2 Days}

f)Apply to Mamletdar / Tehsildar for heirship certificate with the certificate from Talathi / Patwari and affidavit. {1 Day}

g)Obtain heirship certificate from Mamletdar / Tehsildar office. {2-3 Days}

2.Entering the names of the heirs in the Municipal records.

a)Obtain Assessment List for the property from the concerned ward office of the Municipal Corporation / Council. {1-2 Days}

b)Apply to the same office with the Heirship Certificate and the copy of Assessment List. {1 Day} and


i]Satisfy the concerned staff to change the names in the municipal records by entering the names of the heirs in place of the deceased owner. {1-2 Days}

OR

ii]Move the civil court for obtaining a Succession Certificate. {2-4 months}

c)After obtaining [i] the official's consent or [ii] Succession certificate from court, have the names of the heirs entered in the municipal records and obtain a fresh copy of the same record. {2-5 Days}

3.Entering the names of the heirs in the Talathi / Patwari (Village Revenue Clerk) records.

a)Obtain Records of Rights Extract also commonly known as 7/12 extract or Khasra-Khatauni for the property from the concerned Village Revenue Clerk commonly known as Talathi or Patwari of your village where the property is located. {0-2 Days}

b)Apply to the same office with the Heirship Certificate and the copy of Records of rights. {1 Day}

c)After the names of the heirs have been entered in the records and the entries certified obtain a fresh copy of the same record. {0-2 Days}

Note : Talathis and Circle officers are known to take their own time to enter the facts into records as well as to certify the same. Mostly personal visit with some coaxing helps in expediting the work here.


Steps for obtaining Succession Certificate

In case you have to obtain a Succession Certificate for succeeding a near and dear departed relative, who has died without executing any "Will", of whom you are a heir, you have to do the following

1.Where the Application has to be made ?

The Application is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]

2.What is the procedure of the court ?

You have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.

3.How long should it take to obtain the Succession certificate from the court ?

We believe it should roughly take about 3-4 months from date of filing to receive your certificate.

APPLICATION FOR LEGAL HEIR CERTIFICATE
To
The Mandal Revenue Officer
------------------------------------
------------------District.
Respected Sir,
Sub:- Issue of Legal Heir certificate- regarding.
I R/o ------------H.No.------------------------------------------------------------------------I am Legal Heir of deceased person who is expired on ---------------------------------------- the following family members are legal heirs of Shri Late:----------------------------------------------------------------------------------------------------.
Sl.No. Name Relationship with Age
Deceased person
- -- ------------------------ ------------------------------- --------------------- ------------------- -----
-------------------------------- ------------------------------- ---------------------------------- --------
I request your kind authorities to issue us legal heir certificate at an early date.
Thanking you,
Yours faithfully,
( )
Encl: Affidavit
2.Death Certificate
3.Service certificate
of deceased if He/she were an employee.

AFFIDAVIT
I ……………………………..S/o Sri ………………………………………. Aged about ………………………years, having an occupation of …………………………, resident of ………………………………do hereby solemnly affirm and state on oath as follows:
I am the deponent herein, as such I am well acquainted with the facts of this affidavit.
I submit that my …………………..(relationship to be mentioned) namely ………………………………………..(givename of the deceased) who was working ………………………….. (give details of occupation of the deceased) has expired on ……………………..(date) leaving behind surviving legal heirs as under:
Sl. No. Names Age Relationship with the deceased Status (married/unarried)
1
2
3
4
5
I further submit that the above mentioned are legal heirs only.
Hence, I swear this affidavit in order to obtain legal heir certificate from the concerned Mandal Revenue Officer for the service benefits of my ………………….(give relation ship with the deceased).
The above facts are true and correct to the best of my knowledge and belief. Hence this affidavit.
DEPONENT
Sworn and signed before me on this
………..day of ……..month ………
year at ………..place.
NOTARY


A FIX COURT FEE STAMP OF RS.2/-
To

The Mandal Revenue Officer.........................................Mandal____________________District, A.P.
Sub: Application for Issue of Legal Heirs Certificate/ Family Members Certificate - Requested - Regarding.
Respected Sir,

I beg to submit that my.................................................................................................R/o.H.No.....................................................................................................................................................................................expired on...............................................................He/She as a pentioner.....................................................................He, She was expired while in service working as a ...................................................................................................in the office of the....................................................................................................................................................................I have applied for legal Heirship certificate to submit the same at......................................................for getting to claim thebenefit for claiming Department inner benefits. life time arrears appointment of my .......................................................Smt./Sri./Kum..................................................... to you for verification, I may kindly be issued a Residential Certificate. On receipt of the Certificate from Mandal Oficer, I will submit the same......................................................................for the purpose of.....................................................................................................................
Name of the Family members are given below:
Sl.No.
Name of the family members
AgeYears
Relationship withthe deceased
Remarks/Status
1.




2.




3.




4.




5.




6.




7.





I therefore humbly request your good self to issue the in Legal Heir ship Certificate/Family member Certificate and submitted death certificate No...............................dated...........................................and pension payment slip/servicecertificate of his/her deceased of submitted herewith for kind per ................ and necessary action.


Dated:
Yours Faithfully
Name:
( )
Address:

16 comments:

hackingtom said...

It was a useful post. Thanks for helping me in drafting a letter for legal heirship certificate.

Tharani said...
This comment has been removed by the author.
Venkybadshah ! said...

can u plzz give me the details of the court fees in case of succession heirship certificate. my lawyer says that for the property of 10 lakh valuation i would have take 75000 rupees stamps. kindly give me the chart.proeprty heirs are wife and 2 daughters. father expired. vsatpute@yahoo.com

Venkatesh Babu Obla said...

Hi, I don't have ration card. Please let me know the alternative method.

Reshu said...

Thanx for the valuable information which you have shared...

god bless you and your family for this good deed which u have attempted

all readers would be thank ful to u

Reshu said...
This comment has been removed by the author.
krissh198526 said...

Legal heir certifcate from tashildar can be used for transfer of proerty name

krissh198526 said...

Legal heir ship certificate from tashildar can be used for transfer name of property (Apartment)

Jadhwani C. P. said...

sir
do you have format for the shares left by father / mother to be transfered to children name ??
thanks
jadhwani

mythilisrinivas said...

hi
can u help me to get a legal heirship certificate in mumbai?
mythilisrinivas, advocate chennai.

Varadharajan Ramakrishnan said...

Sir,
a) Is there any difference between "Legal Heir Certificate" & "Heirship Certificate" ? Could you pl. explain the differences & the purposes of usage of both ?
b) Could you also explain the procedures for obtaining the same in Mumbai ?
c) Are there any jurisdiction limitations of these two ?

varadharajan

Nishant said...

Hello, I am from Mumbai. I need some help in getting the legal heir certificate. Can I have your contact number please? smarty937@gmail.com

Ranjan Kotian said...

Thank u Arun.. that was very helpful..

Madhukar Rao said...

Sir,
I am from Kalyan,Thane.My Father and Grandmother inherited a property, by a WILL, in Chennai.Subsequently the property was sold to develop and promote into flats. A flat has been allotted as a part of sale consideration.My Father and Grandmother gave instruction on a stamp paper to the developer to register the flat in my mother's name.But before the flat could be registered the developer became insolvent and absconded.My Grandmother passed away in 2002 and my Father in 2011.Consequentially,the flat lies vacant for 18 years.As per the WILL,the share of my Grandmother in the property shall devolve on my Father on her death.Now,we want to register the flat in my mother's name.So please help us with procedure.Whether legal heir Certificate is required? As you very well know,legal heir certificate,in Maharashtra, is issued for land and government dues only whereas in Chennai legal heir certificate is issued for Land,Bank accounts,Telephone and Gas connection and the same is used to claim property in Chennai but for legal heir certificate ,ration card is essential and Ration card of Maharashtra cannot be used to apply for legal heir certificate in Chennai.So please tell me ho to claim the property from Maharashtra.

nagaraj said...

Claim on late Grandfather's Property?

My grand father not written will any one name

grand father self aquired property (13.10acres) disputed to their 2 brothers (8.3 acres) & his 3 sons (4.19 acres)

they (grand father brothers) are in position almost 30 yers..now they sold out to someone without intimating they occupied road side main area...

As Grand sons can we have Rights on whole property?

If we have What is legal processure?

Abhijeet Meru said...

Hello Arul,
Can u plz tell me what would be approximate fee for 7/12 and in muncipal corporation for transferring title of property by succession certificate from court in maharashtra state(City Latur).