Vishal Salvi 25 July 2024

How to obtain a legal heir certificate in this situation?

I have a flat in Nalasopara, Maharashtra, that I want to sell. I live in Gujarat, and all my government documents, as well as those of my parents, were issued in Gujarat. The flat was in my parents' names, but they have both passed away, and I have no siblings. I understand that I need a Legal Heir Certificate to transfer the property into my name before selling it. My question is: should I obtain the Legal Heir Certificate from Maharashtra, where the property is located, or from Gujarat, where all our documents were issued?

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 25 July 2024

You have to obtain a legal heirship certificate from the place where your deceased father lived at least last one year prior to his death and not in any other place.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 July 2024

In this scenario, where the documents are issued in Gujarat but the property is located in Maharashtra, the legal heir certificate should be obtained from the jurisdiction where the property is located, which is Maharashtra. Here's why: 1. *Property location*: The property is situated in Maharashtra, so the laws and regulations of Maharashtra will apply. 2. *Jurisdiction*: The court or authority in Maharashtra has the jurisdiction to issue a legal heir certificate for property located within its territory. 3. *Revenue records*: The revenue records and property documents are likely maintained by the Maharashtra government, making it the appropriate authority to issue the certificate. To obtain the legal heir certificate, you should approach the: 1. *Tahsildar* or *Mamlatdar* office in the district where the property is located. 2. *District Civil Court* in Maharashtra. 3. *Sub-Divisional Magistrate* (SDM) office in Maharashtra. Provide the necessary documents, such as: 1. Death certificate of the deceased property owner. 2. Proof of relationship (e.g., birth certificate, marriage certificate). 3. Identification proof (e.g., Aadhaar card, PAN card). 4. Property documents (e.g., title deed, sale deed). The authorities in Maharashtra will verify the documents and issue the legal heir certificate, which will be valid for the property located in Maharashtra.

How to obtain a legal heir certificate in this situation?

2 Replies

Leave a reply

Recent Topics

Popular Discussion

Browse by Category