Letter of administration or succession certificate

After your fathers death the property is going to be distrubuted among his class one heairs i.e. children and wife.Any legal heir can reliquish his right in property to any one by way of reliquishment deed which is simple  and at no extra cost.

1. For immoveable property, you shall have to collect legal heir certificate from Tehshilder,

2. After asertaining who are the legal heirs of  your father's property, all of you can make settlement of the properties and execute and register settlement Deed accordingly.

Properly advised by ld. Adv, Mr. Ganguly.  the property in Mumbai is in the joint names, for the transfer of your father's share on your name, your mother as well as your sister need to relinquish their rights in the property by executing a registered release deed in your favor, and similarly you and your sister need to do the same thing in your mother's favor for the property in Tamilnadu proposed to be transferred on your mother's name.  First of all obtain a legal heirship certificate from the revenue department of the place where your father last resided and then proceed with the issue.  Take the help of an advocate to solve the legal issues thereon.

Thank You Adv Anish

Thank You for the kind advice Adv Ganguly  & Adv Kalaiselvan.  I have few more clarification, if you could guide me. My father last resided in died in Mumbai.

In mumbai, legal heir certificates don't seem to be issued by local municipal corporation or there is any tehsildar present here. It seems Legal Heir Cert /Succession Cert /Letter of administration issuance is done only by the court. Can you advice if its right.

Am not able to figure out the difference between Succession certificate / Letter of administration. In my  scenario which is to be sought from the court. There are no share certificate / bank deposits / rents / loan receivables.

The disputed flat with the company, the company is now asking for the flat to be transferred from my father into my mother name & then they would execute a sale deed from my mother to company name. The flat housing society is not demanding for succession /letter of administration from us since they know us for last 40 years. Should i include this property also in the letter of administration

Thank you

Rgds

Subbu

If there is no provision to get legal heirship certificate through the local Tehsildar/revenue department in Mumbai, better apply for succession certificate through court of law in your local jurisdiction. Letter of administration will not suffice this requirement especially since your father died intestate.  Lastly, you may include all the properties in your father's name for getting succession certificate so that yo should not perplexed at a time when a left out property is to be dealt with through successors of the deceased.

1. You shall have to understand the diffence between the said three instruments.

a) Legal Heir Certificate is issued by Tehshilder/Collector certifying the legal heirs of the property of the deceased person. It is required to claim immoveable properties,

b) Succession Certificate is issued by the Court declaring as to who are the successors of the deceased person. It is required to claim the moveable properties of the deceased person like Bank A/c. LIC amount etc.,

c) Letter of Administration is issued by the Court when there has been no executor of the Will fixed by the testator of the Will. It is required while claiming property of the deceased person against his Will.

2. I am not aware as to who issues Legal Heir Certificate in Mumbai. You shall have to find out that,

3. However, for the land at Tamilnadu, you can get Legal Heir certificate from the Tehshilder of the area of the property at Tamilnadu 

Thank You Adv Kalaiselvan & Adv Ganguly for your kind advice.

I would like to add that though the property may be situated in Tamilnadu, if the deceased resided in Mumbai over a period of one year or more, the revenue authorities in Tamilnadu will not incline to issue a legal heirship certificate, hence legal heirship certificate may be obtained in Mumbai itself.  If there is no provision for the same in Mumbai, you may prepare a genealogical certificate which is called as family tree certificate duly notarised and if need be can be countersigned by the revenue department within your jurisdiction.  In Karnataka there is no provision for issuing legal heirship certificate, however the family tree certificate is in vogue.  See what is prevailing in the local circumstance. The succession certificate from the court can be obtained for immovable properties too.

Dear Ld Advocate Ganguly,

Sir I was under the impression that a 'Succession certificate' from a civil court can include all the immovable properties of the deceased. Then there is no need to get separate 'Legal heir certificate' from the local revenue authorities. I request if you could please clarify.

Advocate Suneet

1. Yes, if you get succession certidficate from the Court then there is no need to collect legal heir certificate,

2. Succession certificate takes a long time to get from the Court whereas Legal Heir Certificate from the Tehshilder takes very little time,

3. In most of the cases, you get clients who want documents for claiming the property of their father at the earliest  and in such case legal heir certificate is the required document,

4.  Because of the above reason it is always advisable to go for legal heir certificate in case of immoveable properties and later on for succession certificate for moveable properties.

Dear Sir,

Thanks for your clarification.

Regards,
Suneet

Hi Subbu,

                  To answer your questions concisely,

Do we Need to take Succession Certificate or Letter of Administration

for a person who died without amking a will a LETTER OF ADMINISTRATION IS REQUIRED (same as Succession certificate)

If Powai property needs to transferred to me & Tamil nadu to my mom, do we need to apply for individual Letter of administration which mean double the cost

No. All legal heirs need to apply for only One LOA.

My Sister is of view to take LoA in my mother name for both Powai & the land

Can anyone guide how do i proceed ahead. Its seems to be a confusion with the entire process.

You can Apply for LOA through a lawyer. The entire procedure has been explained by me in one of the earlier posts.

you will need to sign a vakalatnama.

court fees

then mention all the assets (both movable and immovable) in the application.

if no objections

LOA will be granted

hi 

My brother in law a employee in     MINSTER OF DEFENCE       passed few month back , he left my sister and was staying with a women who has 2 kids aged 20 and 14 both males ,my sister is legal wedded wife . what is the best way to claim his terminal benefits as she is the legally wedded wife how to go to this process , kindly advise