Legal heir certifiacate
Raghav
(Querist) 11 February 2014
This query is : Resolved
Respected Sir,
I want to buy one home and the owner of the property is no more and the property also not transferred in the name of spouse. The proof related to legal heir of the owner like Ration Card is not available right now and the spouse has submitted the application to local statutory body to transfer the property rights in her name but that will take minimum of 1 month time. Sir, I want that if any document can certify that the following are the legal heir like ration card that would work in my case and when I will have legal heir certificate from local statutory body that will be submitted to bank later on so that the loan can be sanctioned by bank.
Please suggest me the same if there is any alternative in place of Ration Card and Legal heir certificate as per law and is valid.
I would be thankful to you.
Raghav
(Querist) 11 February 2014
Respected Sir,
Thanks to you for your advice but banker told me that if Ration card will be in the name of Owner that will certify the legal heir of him and he will not wait for legal heir certificate as all the legal heir will sign the deed at the transfer of property in my name.But if ration card is not available there is no alternative documents except the legal heir certificate to prove the legal heir as per law. Please suggest me I would be thankful to you.
Advocate. Arunagiri
(Expert) 11 February 2014
Ration card is not necessary to prove the legal heir.
When you are having the legal heir certificate, that is enough for the bank.
But, the bank would have demanded the ration card for address / ID proof.
Rajendra K Goyal
(Expert) 11 February 2014
Agree, ration card is not a proof of legal heirs. Bank may need to it to counter check if any legal heir has been left in authorized list or for address proof.
You should avoid to proceed with the deal till all the documents are complete.
T. Kalaiselvan, Advocate 
(Expert) 13 February 2014
Firstly the Ration card is not a legal heirship certificate to prove the legal heirs of the deceased. the ration card may or may contain the names of entire members of the family, sometimes it may contain others names who are not legal heirs to the deceased. Obtain a legal heirship certificate and then proceed with the purchase.
