Legal heir certificate
prince
(Querist) 19 July 2012
This query is : Resolved
hello,
prince here.....
i am from nagpur(MAHARASHTRA)
i am law student.........
mere dad pichle 15 years se maharashtra me hai unke mom jinki HYD(ANDHRA PRADESH) me property hai
abh unki death hogayi hain toh mere dad ko legal heir certificate banana hai toh woh certificate MAHARASHTRA ME BANANA PADEGA YA ANDHRA PRADESH ME
AUR PROCESS KYA HAI
ANSWER AS SOON AS POSSSIBLE>>>>>>>>>>>>>PLZ
kranthi kiran
(Expert) 19 July 2012
In AP, where the properties are situated, your father has to file a suit for declaration as legal heir. Now a days revenue authorities are only issuing Family member Certificate.
Nadeem Qureshi
(Expert) 20 July 2012
372. Application for certificate.-
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 , (5 of 1908 .) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local
1. Ins. by the A. O. 1950. 2 The words" G.- G.- in- C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above.
limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code. (45 of 1860 .)
(3) 1[ Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
