Legal heir certificate
Bharat Mani
(Querist) 06 June 2013
This query is : Resolved
My father (deceased) was a co-owner of a property located in Coimbatore, alongwith other co-owners, basically inherited this property from his father (i.e. my grandfather). The land records or patta list the other co-owners as well. We are now interested in selling this property and am located in Delhi. What documents are needed from my side that bestows my fathers share to me.
Adv Archana Deshmukh
(Expert) 07 June 2013
Apply for the legal heir certificate of your father.
On the basis of the certificate and the property documents you can sell your share.
ajay sethi
(Expert) 07 June 2013
purchaser may insist on succession certificate issued by court to enable you to sell the property
Bharat Mani
(Querist) 07 June 2013
Thanks for the reply, I am a bit confused here that the 2 responses received mention about -
legal heir certificate and
succession certificate.
I understand that there are subtle differences between these two documents. Also, please advise whether this needs to be applied in delhi or coimbatore. All documentary evidence and address in death certificate are in delhi. Thanks
ajay sethi
(Expert) 07 June 2013
A Legal Heirship Certificate is issued by a tahsildar. A tahsildar is an officer of the revenue branch of the State.
A tahsildar has no right to decide on disputed issues of title or succession. a summary enquiry is undertaken by the tahsildar, through his or her functionaries, to ascertain the legal heirs of the deceased, so far as may be possible.
A certificate is issued on the basis thereof.
This certificate is useful for certain limited purposes, such as mutation of revenue records and the like.
if there are disputes between the various parties claiming to be heirs of the deceased, these may be resolved by the parties either amicably or through court. In all these cases, the Legal Heirship Certificate pales into insignificance
Anirudh
(Expert) 07 June 2013
Legal Heir certificate as rightly pointed out by Mr. Ajay Sethi is issued by the Tehasildar.
This is required for the purposes of claiming immovable property.
The Succession Certificate is issued by the Civil Court. This certificate is necessary for the purposes of claiming movable properties left behind by the deceased.
Bharat Mani
(Querist) 07 June 2013
Thanks to all for the inputs. One last question - Should I be applying this at Coimbatore (where the property is located) or where I reside (Delhi) ?
Adv Archana Deshmukh
(Expert) 07 June 2013
It has to be applied at the place where your father used to reside ordinarily and expired.
