Legal heirship certificate
Manoj Kulal
(Querist) 11 September 2016
This query is : Resolved
I want legal heirship certificate for transfer of my mother's property held in Karnataka, on my name. Me and my brother/sister are staying in Mumbai since childhood. My father expired in 1978. Ration card is on my mother's name with our name endorsed in it. Can you help me out in obtaining the legal heirship certificate.
Kumar Doab
(Expert) 11 September 2016
Tehsildar issues Legal Heir certificate.
Kumar Doab
(Expert) 11 September 2016
You have posted that:
"I want legal heirship certificate for transfer of my mother's property held in Karnataka, on my name. Me and my brother/sister ................ My father expired in 1978.'
Why do you want the property of the mother to be transferred in your name alone?
Kumar Doab
(Expert) 11 September 2016
In other thread you have posted that:
"Sir, My mother was having property in Mangalore (Karnataka). She expired in June 2016. The property is to be transferred to children's name i.e mine and my brother/sister."
http://www.lawyersclubindia.com/forum/Legal-heirship-certificate-141977.asp
Raj Kumar Makkad
(Expert) 11 September 2016
It is better to confine to only one and single thread even for subsequent questions. The question raised by doab are of importance. Reply those first.
adv.bharat @ PUNE
(Expert) 11 September 2016
Author need to explain the query raised by expert.
Ms.Usha Kapoor
(Expert) 12 September 2016
Approach revenue officials OR a Local Tehsildar for legal heir certificate. iF YOUR SIBLINGS BROTHER AN SISTER ALSO WANT A SHARE IN THIS PROPERTY LET THEM ALSO OBTAIN LEGAL heir CERTIFICATES.
Kumar Doab
(Expert) 12 September 2016
Usually the Tehsildar marks inquiry and it is conducted by designated revenue officials.
Every name shall come on report.
Any concealment may amount to fraudulent activity.
Manoj Kulal
(Querist) 12 September 2016
Respected Kumar Sir,
Extremely sorry for the incorrect endorsement as transfer of property, alone on my name. The transfer of property is to be done equally on me, my brother/sister name. I am resident of Mumbai and property is in Mangalore (Karnataka). For the heirship certificate, where I should apply i.e Maharashtra or Karnataka.
Guest
(Expert) 13 September 2016
Better take opinion of Karnataka Advocate
Reason
1) In Maharashtra Heirship certificate is governed by Bombay Regulation 8 of 1827
2) Whether Karnataka has any other state law for heirship certificate I don't know
3) In Maharashtra Land record transfer is done with land record dept based on affidavit (and some procedure like summons to all parties their written statement is taken and then decided , order is passed) and it is Quasi Judiciary
Regarding Karnataka I don't know neither Adv. from Maharashtra can tell you 100% correct
4) Generally there is one rule regarding Civil Suit . it is instituted at place where property is situated similarly I feel better approach Karnataka , your area where property is situated.
5) Local advocate will know local state rules procedure very well and how compliance should be done as per Karnataka land revenue Law
6) Generally people say we are in Mumbai we are born and brought up in Mumbai and no one knows us in Karnataka still since property is in Karnataka better approach Karanataka local advocate only
Manoj Kulal
(Querist) 13 September 2016
Thanks a lot. Regards.
Rajendra K Goyal
(Expert) 21 September 2016
Tehsildar issues legal heir certificate.
In case of any problem, have guidance from local lawyer.
