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Anshuman (director)     04 May 2013

Legal heir certificate - a dead end.

My father expired in 2002, without leaving behind a will. My mother and myself are the only surviving family members. Till now, we have'nt had any problems transferrring property or bank accounts to our names, even without a succesion certificate. MCD even mutated the family house in my mother's name. 

Now, for the purpose of a bank loan against the same house, I have been asked to get a 'Legal Heir Certificate' from the local SDM. And a relinquinsment deed from me giving up my right to the property. 

Trouble is, I can't get competent, correct, sound legal advise from anybody on the procudure involved. Or on the location of the local SDM. I live in Sarita Vihar, New Delhi. 

A visit to the local Saket courts had a lawyer fool me into making two affidavits saying they would work, but the bank rejected both and asked to "just get a Legal Heir Certificate, Sir". INR1000 wasted already. 

Any help would be most appreciated as the matter is pretty urgent. Thanks in advance. 

A

 

p.s.: We have the death certficate, the ration card copies with our names, and my father's government ids with the family names in them. should not be a problem, if only someone guides me properly. 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

You have to find out the jurisdictional SDM/Tahsildar of your residential area, make an application stating the requirement of legal heirship certificate of your deceased father, if not to issue you with a family tree certificate upon the death of your father which is required for the specific purpose as mentioned therein. Dont waste your time and money with the local hawkers over this simple subject.


(Guest)

Sir I'm from Tamil Nadu.After my grandfather's death my father got legal heir certificate with my grandfather's second wife name as first( she was married to my grandfather when my grandmother was alive, now my grandmother is dead ). they are making problems with the property of my grandfather. is there any posible ways to get affidavit to remove her name from the LEGAL HEIR CERTIFICATE. she has 2 son's and a daughter, whose name is mentioned  in the certificate. Is there any possible way to  remove her name. 

user1   30 May 2018

Dear Sir, Could you elaborate how you could get the property mutated by MCD without succession certificate ?

A list of documentation you submitted would be very helpful. Thanks.
 


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