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Vamsha vruksha or legal heair certificate

(Querist) 10 January 2013 This query is : Resolved 
Dear Lawyers

Recently my Brother in Law passed away due to road accident & he had Two wheeler policy with Oreantal Insurance which was covered death of the owner.

We submitted all the necessary documents to Oreantal still Manager is told us to get the Vamsha Vruksha OR Legal Heair Certificate but they themselves are not sure which is required,

After talking to them they said consult any lawayer. Hence any body can giude me which one to get & how do i go about it.
ajay sethi (Expert) 10 January 2013
submit the legalheir application to thesildar with death certificate of your brother in law .
Advocate Bhartesh goyal (Expert) 10 January 2013
You have to obtain legal heirship certificate of your brother in law from Tehsildar office.
GURUPRASAD (Querist) 21 January 2013
Dear Sir

As per above yours instruction my father in law approched thasildar office for legal heair certificate but as per them this certificate is issused to governament employee and we manged to get vanshavali certificate but oriental is not accepeting the certificate and they advised us to get legal heair certificate form Court of Law and they have shown us the one of the rejected claim for the same issue.
Anirudh (Expert) 21 January 2013
Legal heir certificate can be obtained from the Tehasildar's office. For this, one has to submit a proper application indicating the names of legal heirs, their age, relationship to the deceased (like wife, son, daughter, mother etc.). Along with the application for legal heir certificate the death certificate is also to be enclosed.
Normally, legal heir certificate is essential only for the purposes of immovable properties.

As regards movable properties (LIC insurance money comes in this category)
one needs to get a succession certificate. This is also similar to the legal heir certificate. But the same will be granted by the civil court. For this, you have to approach a local lawyer. A court fee is required to be paid - this will be a fixed percentage on the amount receivable.
GURUPRASAD (Querist) 22 January 2013
Dear Sir


We live in Bangalore,
My father In-law got Vamshavali certificate from Local Thasil office at Sindhanur Raichur Ditrict but when my self visited Oriental Insurance at Bangalore, they shown us one of the other rejected claim asking Successor Certificate OR Legal Heir Certificate from Court of Law.

One of neighbor Govt lawyer advised my father in law that, In Thasil office Legal Heir certificate will be given to Government Officials only.

Further yesterday Oriental Manager also agreed that Legal Heir Certificate may be given to Govt officials at Thasil office.

Amount of Claim is only Rs. 1 Lakh

Please whether we can


Since we live in Bangalore whether we can approch any local lawyer
Anirudh (Expert) 22 January 2013
What sort of question that you ask: "Whether we can approach any local lawyer". Instead of approaching a local lawyer will you approach a lawyer at Supreme Court?


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