Regarding legal heir certificate
CHINNA
(Querist) 17 May 2013
This query is : Resolved
Hi My Father expired 4months ago.I want Legal Heir Certificate.Please let me know the process of Legal heir certificate and time taken to issue the same through Court.Please also let me know whether Legal Heir Certificate is issued based on the rights of family member or based on each property. What would be the approximate expense for obtaining the Legal Heir Certificate from Court.
ajay sethi
(Expert) 17 May 2013
you have to go to the tahsil, after that we submit a application for legal hire certificate . legal hire certificate made by tahsildaar of area . enclose copy of death certificate
A tahsildar has no right to decide on disputed issues of title or succession. Prior to the issuance of the Legal Heirship Certificate, 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 .
R.K Nanda
(Expert) 17 May 2013
contact local lawyer,
Adv k . mahesh
(Expert) 17 May 2013
If a head of the family or any family member expires, the next direct legal heir of the deceased such as wife/husband/son/daughter/mother can apply for legal-heirship certificate.
It is required for following purposes
If the person who died is a Government servant, legal heir certificate is required for sanction of family pension, and for getting appointment on compassionate grounds.
Receiving Government dues such as Government. Provident Fund, Gratuity and arrear salaries of the deceased employee of the State and Central Government
The legal-heirship certificate required for the purpose of transferring bank account, electricity connection, telephone connection, house tax etc.,
Receiving non-statutory ex-gratia payment
Steps to be followed:
Obtain death certificate of the deceased (How to obtain death certificate)
Visit your concerned Tahsildar office and get the application form for legal heirship certificate (See: Model legal heirship application form of Tamil Nadu)
Duly fill the application form and affix Rs.2 court-fee stamp on the application form.
Attach the following documents along with application form
Xerox copy of the first and last page of the ration card
Original Death certificate
Pension payment slip of the deceased in case of a pensioner (issued by the office of Accountant General).
Service certificate of the deceased in case of serving employee (issued by the head of office / department).
Submit the duly filled application form with supporting documents in the Tahsildar office
Based on the report of the Village Administrative Officer and Revenue Inspector and after due enquiry, this certificate will be issued by the Tahsildar mentioning the names of all legal heirs of the deceased.
