legal Hier Certificate
Rahul Parwate
(Querist) 26 June 2015
This query is : Resolved
Sir, one of my friends 'A' died in an accident leaving behind wife and two minor children. Before his death he was having a flat in Nagpur. Now his wife had got the mutation done and wants to sell the flat but whoever wants to purchase and take loan Bank demands legal Hier certificate. She had approached the Tahasildar and collector but they have denied to give they say they don't have the power when posted in Nagpur. Please advise the procedure to get the certificate.
P. Venu
(Expert) 27 June 2015
Normally, the Revenue authorities have such power. Better ask the District Collector under RTI.
A local advocate can also help in this regard.
Rajendra K Goyal
(Expert) 27 June 2015
It is to be issued by Revenue Authorities under Maharashtra Treasury Rules, 1968.
Isaac Gabriel
(Expert) 27 June 2015
The flat could have been allotted in the Joint Name of his parents.Verify this and proceed accordingly.But,this is not a reson to refuse legal heir certificate and the revenue authorities are bound to isse legal heir certificate devoid of the purpose.Consult a Lawyer.
SUBRAMANIAN C R
(Expert) 28 June 2015
Legal heir certificate is to be issued by the revenue authority ( normally the Tahsildar) of the place where the deceased normally resided at the time of death. It can be given by the Tahsildar of the place where he had a permanent abode also. Better to approach the tahsildar of the place where he had his election ID. The Village authority has to give a report after getting sworn statements from the neighbours. If it not forthcoming, approach the District Collector with the application, which he will forward to relevant officer.
