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: