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Legal heirship certificate

(Querist) 19 August 2011 This query is : Resolved 
Respected Sir,

My father who was a bank employee expired on November 2010. now for getting some benefits from the bank they said they need the legal heir ship certificate. please tell me the procedure that i should adopt in order to get the same quickly so that i can get the benefits from the bank.

hoping for the reply soon

Thanks in advance

regards
Dhanesh Dayanand
Advocate Rajkumarlaxman (Expert) 19 August 2011
the legal heir ship certificate can be got from Tahashildar by applying through a formatted form which they have. Attach your father's death certificate and mention all the legal heirs by making an affidavit to that effect and apply for the same to Tahashildar.
M/s. Y-not legal services (Expert) 19 August 2011
Yes. Am agree with mr.laxman. The alternative way is you can get suggestion certificate through court of law by filing suggestion original petition. certificate through court of law by filing suggestion original petition.
Raj Kumar Makkad (Expert) 19 August 2011
I do agree with rajkumarlaxman.
Raj Kumar Makkad (Expert) 19 August 2011
tom. The querist is in requirement of Legal Heirship Certificate only and not Succession (which even require stamp duty) so anwer of laxman is accurate.
ashok kumar singh (Expert) 19 August 2011
agree with the expert opinion.
K.S.Srinivas (Expert) 19 August 2011
I too agree with Mr.Rajkumarlaxman.
malipeddi jaggarao (Expert) 19 August 2011
As experts suggested all the legal heirs should join in the application to the revenue authorities by a sworn affidavit. The revenue authorities verify the facts in the application by conducting a local enquiry and issue the legal heir certificate. After obtaining this certificate, all the legal heirs, wife, married and unmarried sons and daughters, should submit an application to the Bank claiming the benefits. In the same application (or by an annexure to it), all legal heirs can nominate one among them for receiving the benefits. This nomination is also by way of a sworn affidavit as per the proforma given by the Bank. The process is easy. As regards the work relating to the Bank, you can even seek the assistance of one of your father's friends (colleagues) who will readily assist the family.
M/s. Y-not legal services (Expert) 19 August 2011
Thanks for noting me makkad sir. You can see my first line. Am appreciated with mr.laxman. Same time in tamilnadu sometimes legal heir ship certificate which is issued by the tashildar not admissionable. Especially bank sectors will not admit that legal heir certificate issued by tashildar. So i stated like that.
prabhakar singh (Expert) 19 August 2011
I AGREE WITH ALL EXPERTS.NORMALLY WHEN IT INVOLVES MOVABLES OR MONEY ONE NEEDS succession certificate to be issued under Indian succession Act by Civil Court,But when it is required with connection of IMMOVABLE PROPERTY THEN ONE NEEDS legal heirs certificate,the questioner has not explained the details as to for which use the certificate is being asked for??Certainly if required in connection of some kind of money payment then SUCCESSION AND NOT LEGAL HEIR CERTIFICATE WOULD BE REQUIRED.

OTHERWISE IT IS A MATTER OF SATISFACTION OF PERSON OBLIGED TO PAY,HE MAY PAY EVEN AGAINST AN INDEMNITY BOND ALSO.


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