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John (Proprietor)     18 November 2012

Procedure for obtaining legal heirs certificate

Gents/ladies,

My father in law passed away recently and is survived by wife and two married daughters.He held numerous immovable properties in India and interests in business outside India.A death certificate has been obtained but there is need to establish the legal heirs .I presume this can be done by obtaining a legal heir certificate.

Appreciate if you could guide me on the procedure to be followed and the authority to which the appeal has to be submitted.Also is a succession certificate distinct from a legal hiers certificate.

Does the position change in case there is a unregistered will??

with thanks

 

Johan



Learning

 2 Replies

Advocate Upadhyay (partner)     18 November 2012

1.U will have to file an application with the court , to obtain heirship certificate.

2. Heirship certificate and succession certificate are same.

3. If u have a unregistered will , then u cannot obtain heirship certificate , in that case u will have to obtain probate for the will.

1 Like

Nitish Banka (lawyer)     18 November 2012

Also you have to take no objection if there are other heirs.

1 Like

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