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nesnathan (nj)     04 March 2012

Transfer of property after death of owner.

my friends father has left behind the ancestral house, the propery is in his name. Please explain the formatilities for transferring the property to my friends mothers name. Authorities are asking for legal heir certificate, who is the authority to issue legal heir certificate. Is it not possible to make the transfer without legal heir certificate. Instead of legal heir certificate should he obtain succession certificate..please help...



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 1 Replies

Shantilal Pandya ( Advocate)     05 March 2012

 No legasl heir ship certificate is needed , simply apply for mutation  in the name of  the class 1, heirs of your  father , the authority will  call panchass to testify correctness of the heirship  he  statementsd of the heirs  will be  recorded by the authority and it will be  sufficient   authenticity  for mutation , all the heirs names  will be mutatted  cin the proprty register, there after all except  your mother will apply for removal of their  names from the property  register  which will  keep ytour mothers name intact in the register 

 even if it be  needed  ,the succession  certificate  in respect of the property  can be obatined  by filing an  application in the civil court  under the provisions of the Indian Succession act


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