Vishal Salvi 08 July 2024

Legal heir certificate

I live in Gujarat, and both of my parents passed away within a year. There's a property in Nalasopara, which was in my mother's name, that we were planning to sell but couldn't before she passed. As their only child, I believe I need a Legal Heir Certificate to transfer the property into my name before selling it. Is the Legal Heir Certificate the only option for this transfer? If so, what documents are required to obtain it?

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T. Kalaiselvan, Advocate (Advocate) 08 July 2024

You need to submit an application to the jurisdictional revenue department along with a copy of the death certificate of your mother and request for issue of legal heirship certificate. The authorities concerned will verify the facts and if found correct then they will issue the legal heir ship certificate after which you can submit an application to transfer the revenue records to your name subsequent to which you sell the property as an absolute owner.

kavksatyanarayana (subregistrar/supdt.(retired)) 08 July 2024

Yes. You shall obtain the death certificates of your parents from the concerned local body and apply to the Tahsildar concerned to issue a legal heir certificate. After necessary enquiry, the Tahsildar may issue the legal heir certificate. And then apply mutation of your name in revenue records. So you can enjoy the property as you like.

Dr. J C Vashista (Advocate ) 09 July 2024

Well analysed, opined and advised by learned senior experts, I concur. What is the property involved, is it agriculture land, commercial, residential or any other type of property , since separate laws apply to inherit.

Vishal Salvi 09 July 2024

It's a flat in a cooperation society.

T. Kalaiselvan, Advocate (Advocate) 10 July 2024

The procedure for obtaining the legal heirship certificate and to succeed to the property left behind by the deceased owners has been explained, now it is you to proceed on the advise or keep repating the piecemeal information in every post.

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