Succession or legal heir certificate for all purpose and not specific purpose whether possible ?
Hardik Desai
(Querist) 26 October 2012
This query is : Resolved
My father expired last year due to severe illness. There were certain dues that were outstanding against his credit card which he had auto registered for payment and i was unaware and I made the payment against the credit card bills again. Due to this duplicate payments happened. I had blocked the cards after making payments and now i want to get back the extra payments that have been made against the credit card.
I wrote to the bankers however they are asking for a legal heir certificate or succession certificate. I made inquiries with 2 to 3 local lawyer's and they said that you have to make it on a stamp paper and have to pay stamp duty based on the amount you mention in the certificate and that the certificate will be only for that specific purpose you mention in the certificate like in this case for getting the extra payments made on credit card.
Similarly there are certain investments in his name which i want to get it transferred in my name.
Can't I get a certificate for all purpose submission whether it be bank or any where else wherever I have to submit as a proof that i am the legal heir. Is mentioning the amount and purpose necessary in the certificate.
Can't my father's death certificate. My passport and ration card be an enough evidence that he is my father and i am his son be an enough documentary evidence for the same.
I read somewhere that legal heir certificate and succession certificate are only for government employees or getting government dues like PF,PPF ,etc then why bankers are asking for such certificate
Further request you to also let me know from where I can get the certificate and what is the procedure and cost involved in getting the certificate. In case there is specified format request you to please share the same.
Anirudh
(Expert) 26 October 2012
Dear Mr. Desai,
Legal Heir certificate is for the purpose of immovable properties, while succession certificate is for the purpose of movable properties including bank deposits, insurance amount, etc. etc.
Therefore, you can list all the movable properties and then seek the succession certificate. A certain percentage of the amount / value of the moveable properties is liable to be paid. Initially you will pay provisional amount, and after ascertaining the exact value of those movable properties, final amount.
On the basis of the succession certificate, you can lay your claim to get the movable properties from those parties in whose hands such properties are lying.
It is not correct to state that legal heir certificate / succession certificate are required only in respect of government employees.
While you have to apply to the Tehasildar concerned for legal heir certificate, you have to apply for succession certificate before the Court under whose jurisdiction you come. A local lawyer will be able to guide you.
While legal heir certificate will involve lesser time, the succession certificate may involve 6 to 8 months time.
Hardik Desai
(Querist) 26 October 2012
Dear Sir,
I am not aware of where all i will be required to submit this document as of now.
So a blanket certificate can be obtained ? or can any other certificate be obtained just to prove or state that i am the legal heir of my father or these are the only 2 options.
Within how much time the provisional amount needs to be paid?
How much will be the total cost involved in getting either of the certificates ?
Who is a Tehasildar? How do i know where to locate Tehasildar in my area ? I stay in Andheri East
Anirudh
(Expert) 26 October 2012
Dear Mr. Desai,
These are the only two options available to you. There is nothing that is called blanket certificate.
I have given you sufficient guidance. You have to approach a local lawyer to get things done. I am afraid, you will not be able to handle the matter without the assistance of the Lawyer, especially when you are not even aware as to who is the Tehasildar. Needless to say, you have to spend some money on these matters.
