Legal heir
SURESH UNGARALA
(Querist) 07 May 2019
This query is : Resolved
Dear Sir,
Iam purchasing one independent house, actual owner has died and 4 sons have provided me one certificate on 100 rs stamp paper its called as ' Affidavit in Lieu of Legal Heir/Family Member' and I have applied for home loan with that certificate.
But Bank legal adviser is telling that certificate is not actual legal heir certificate and it is like a notary from lawyer. that will not be treat as actual Legal Heir certificate , they have to obtained legal heir certificate from MRO or Court.
Iam not understanding what is difference.
And also what is variance between legal heir and legal succession.
Request you to please clarify.
Thanks & Regards,
Suresh Ungarala
Kishor Mehta
(Expert) 08 May 2019
An affidavit is not a valid document to prove ownership of any immovable property. There has to be a regular stamped and registered document to prove ownership. Affidavit does not prove either legal heirship or legal succession, Only Judicial authorities can grant either legal heirship or legal succession.
Dr J C Vashista
(Expert) 08 May 2019
Let the vendor provide LR certificate from area Tehsildar/SDM, affidavit is inadequate and invalid to prove legal representative of deceased titleholder of property under sale.
krishna mohan
(Expert) 08 May 2019
Legal Heir certificate can be issued by authorized revenue dept. authorities. You can check with local lawyer of your area on the same. Self declaration has no legal backing as available for Legal Heir certificate. One of the option could be a family settlement deed duly registered for the same property conveying ownership for all legal heirs as has been claimed.
kavksatyanarayana
(Expert) 08 May 2019
Dear querist you have to obtain Legal heir Certificate from Tahsildar concerned. The Tahsildar concerned make inquiry into the matter and then issue LHC. The deceased persons' wife and all legal heirs shall execute a sale deed in your favour.
SURESH UNGARALA
(Querist) 20 May 2019
Thanks for all of your replies.
Actually my vendor approaches to local advocate for legal heir certificate, he has provided the certificate called ' Affidavit in Lieu of Legal Heir/Family Member' and also having Metropolitan Magistrate stamp and signature.
Iam in confusion the difference between affidavit and actual legal certificate, both are getting from magistrate only I think.
Or else that is different and calling as Succession certificate' ?
