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Legal heir certificate

(Querist) 10 April 2015 This query is : Resolved 
My brother-in-law, a retired AP State Govt. employee expired at Hyderabad in 2011. He is having a house plot at Vizianagaram (presently a district headquarters in Andhra Pradesh) and some investments in mutual funds. His wife and son are residing at Hyderabad. Now, they want to get Legal Heir Certificate. Where they have to apply for legal heir certificate?. Please let me know the procedure and place where to approach?.
N.K.Assumi (Expert) 11 April 2015
Legal heir certificate can be obtained by applying for Succession certificate under Indian Succession Act 1925, from the District judge in Andhra Pradesh where the property lies.In case of Hindu, Muhammadan, Budhist, Sikh or Jain legal heirs will be determined by respective personal laws.
M/s. Y-not legal services (Expert) 11 April 2015
There is two ways to obtain legal heir certificate. Tahsildar may issue.. Otherwise you have to obtain before court..

A legal heir certificate which is issued by tahsildar is not valid to all formalities.. You can use it for local purpose just patta transfer, municipality taxes etc..

Otherwise you have to get through a proper channel by filing a suit before concern court..
M/s. Y-not legal services (Expert) 11 April 2015
However there might be a nominee. Until to obtain the legal heir certificate the naminee can act on behalf of all heirs..
Rajendra K Goyal (Expert) 11 April 2015
Legal heir certificate is to be obtained from tehsil office for immovable property. For movable property try to get it transferred if nomination existed or by completing applicable formalities without succession certificate if no nomination exist. If the Mutual Fund Co. does not agree, proceed to get succession certificate.
Dr J C Vashista (Expert) 12 April 2015
Obtain succession certificate from the district court.
T. Kalaiselvan, Advocate (Expert) 13 April 2015
As advised by experts, you may obtain succession certificate from court.
H.M.Patnaik (Expert) 27 February 2016
Mr. Goyal has suggested the most convenient method.Mostly, Succession proceeding is time consuming which all will agree.


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