Court proceedure for obtaining legal heir certificate
pundalika achyuta bhat
(Querist) 12 March 2012
This query is : Resolved
dear sir,
today i have approached kalyan civil court at kalyan today and was informed to file a case for obtaining COURT ORDER for leagl heir certificate.
during my visit to kalyan civil court i was confronted with the following :
i) do you have ORDER for legal heir certificate ?
ii) jurisdiction of my case ( one of the staff member inside the court office informed me that depending upon the VALUE of the BANK BALANCE and SHARE VALUATION, jurisdiction is ascertained like JDM / SDM )
iii) whether your advocate is present ?
now, please guide me as to the following :
i) which ORDER shoud i get and from whom ? ( like the tehshildar / district collector / talaati - or - any other designated authority )
ii) VALUATION OF MY BANK BALANCE AND VALUE OF SHARES ( Rs.5,000=00 + Rs. 34,000= ) is Rs.39,000=00. in any case TOTAL VALUATION is not more than Rs.45,000=00.
iii) now under which jurisdiction my case will be decided ?
iv) what is the proceedure for filing case before the designated court and designated judge ? ( please guide me the correct court and the right judge to whom should i approach )
v) is the presence of any LAWYER is must for filing the case ?
Raj Kumar Makkad
(Expert) 12 March 2012
1. Tehsildar
2. JDM has jurisdiction to try your case.
3. As replied above.
4. Engage a lawyer for this purpose.
5. Though not mandatory but it is desirable.
V R SHROFF
(Expert) 13 March 2012
Tehsildar
Junior Division civil judge try your case.
JD civil court
Your Advocate will do needful .
yes,YOU MUST HAVE YOUR ADVOCATE TO PROCEED.
Deepak Nair
(Expert) 13 March 2012
Agree with above advise
Shantilal Pandya
(Expert) 13 March 2012
Junior judge will issue certificate ,but if there is contest among participants of the proceedings then he will loose jurisdiction and the case will be remitted to the senior judge to proceed according to law
M V Gupta
(Expert) 17 March 2012
Dear Mr. Pundalika, if u are referring to heirship certificate, it is issued by the Tehasildar/mamlatdar of ur area. For this purpose you have to make an application with death certificate of the deceased person along with an affidavit by all the heirs of the deceased person declaring the details of the death and the names, ages and addresses of his heirs. After due verification if necessary by deputing his assistant the Tehasildar will issue the heirship certificate. This certificate will be useful for getting mutation entries passed in the revenue and municipal records. This however may not be useful for claiming any assets from third parties such as bank deposits, bonds, deposits in Govt securities and other investments made by the deceased and other assets. For this succession certificate from the civil court is necessary.
