Prem 30 September 2021

succession certificate

Dear Sir's and Madam's.

I am at a predicament and am rather confused.
My beloved father passed away recently and we as children are trying to organise legal affairs for my mother. Help me under two scenarios please;
1. I wanted to change ownership of my fathers scooter to either my name or my mothers name. I've been asked by the RTO that i require to produce a legal heir certificate.

2. My father owns agricultural land that we would like to transfer ownership into my mothers name. (no contest from any of us as children). For this we have been asked for a family membership certificate.

Now, i've been to the MROs office for the family membership certificate to only be told that my family is not eligible for FMC as my father is not a government employee. So, i believe then its the legal heir i require to work on. To only be informed by a lawyer that its not just a lengthy process but also financially intensive.

Could someone please explain.. what am i supposed to do now? I am technically riding my fathers scooter illegally and cannot transfer. We as surviving members of the family cannot own my fathers land cause we need prove we are his children and accordingly his wife too. We are lost and helpless. Appreciate any valuable advice i could work on.

Thanks to you all in advance.

Best regards,

Prem.

Reply Follow

8 Replies

Janakraj Vatsa 30 September 2021

you need to approach Tehsildar office for a Family Legal heir certificate which will be issued in a few days. a succession certificate is issued by the court which is a lengthy process. Advocate Janak

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 September 2021

You have to get succession certificate from the courts.To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be

kavksatyanarayana (subregistrar/supdt.(retired)) 30 September 2021

Yes. You have to approach Tahsildar concerned for a Family Member/Legal heir certificate which will be issued in a few days. You can submit the application online also. A succession certificate can be obtained from the Court and it will take some more time.

Prem 30 September 2021

Dear Sir's,

I appreciate you taking the time to respond to my queries.

What i gather from you all is that; succession certificate requires the action of the courts due process. I clealy understand this.

What i am still confused about, is the legal heir. Even in your responses you tend to club Family membership with Legal heir. While they both are different certificates, am i safe to assume so, cause this is what i've been told? I am aware that FMC is available online, but i did not come across legal heir online -- would appreciate if you'd be so kind to share a link.

Thank you gentlemen, once again.

Best.

Prem.

Ajay Madhukar 01 October 2021

call 7011398178

H.JanakiManohar Rao (lawyer) 01 October 2021

In A.P state most of the Tahasildars' are not issuing legal heir certificates because they are challenged in the court of law .But they issue FMC certificate basing on family members statement.When there are family disputes or 2nd family to the deceased then 2nd family members apptoach courts for share in property,terminal benifits or compassionate appointment etc,if employed.So it is advisable to go for succession certificate to avoid litigations in future.

Dr J C Vashista (Advocate) 01 October 2021

Surviving Member of the deceased, which you have termed as "family" has to be certified by area Tehisildar / SDM.

Succession certificate will he issued by District Civil Court for the properties left behind by deceased, as per personal law applicable in the case (Hindu/ Muslim/ Christian etc.)

You have to consult and engage a local prudent lawyer for professional advise and necessary proceeding.

M V Gupta (Advocate) 02 October 2021

Let me first clarify. Family member certificate or legal heir certificate is the same. These are issued by the Tahsildar only if the deceased was a Govt employee and not to others. You may have to apply for a succession certificate to the District court. The court fee depends on the state where the property is situated. Generally, it is around 3 to 5% of the market value of the properties involved. In addition, you have to pay Advocate fees and other incidental charges.

1 Like