How to obtain a Legal Heir Certificate in Vadodra, Gujarat

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

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REGARDING LEGAL HEIR/ SUCCESSION CERTIFICATE KINDLY NOTE THAT

1.YOU HAVE TO FILE AN APPLICATION FOR SUCCESSION CERTIFICATE TO THE CIVILJUDGE SD COURT .YOU HAVE TO ENCLOSE THE DEATH CERTIFICATE OF THE PERSON AND ENCLOSE ALL RELEVENT DOCUMENTS SUCH AS COPY OF RATION CARD, ELECTION CARD ,BIRTH CERTIFICATE OF THE PERSON AND HIS RELATIVES TO PROVE THE FACT THAT THE SAID PERSON WAS RELATED TO THE CLAIMNENTS.

2.IN CASE ANY SPECIFIC INVESTMENTS ,SUCH AS BANK ACCOUNT, FIXED DEPOSIT RECEIPTS, INSURANCE POLICY AND ANY OTHER PROPERTY /INVESTMENT IN THE NAME OF DECEASED IS TO BE CLAIMED BY HEIRS, THEY HAVE TO APPLY TO THE CIVIL JUDGE SENIOR DIVISION COURT FOR SUCCESSION CERTIFICATE. COURT WILL ISSUE NOTICE TO RESPONDENTS IF ANY AND ALSO PUBLISH NOTICE IN THE LOCAL NEWS PAPER AND INVITE ANY OBJECTIONS WITHIN ONE MONTH OF PUBLICATION OF SAID NOTICE. THE CLAIMNENTS SHOULD PAY IN THE COURT THE REQUIRED CHARGES OF NEWS PAPER PUBLISHING THE NOTICE OR APPLY  TO THE COURT BY SPECIFYING THE NAME OF NEWS PAPER .COURT WILL HAND OVER THE SAID NOTICE FOR PUBLISHING IN THE SAID NEWS PAPER .THE CLAIMNENT SHOULD PRODUCE THE ORIGINAL RECEIPT OF SAID NOTICE AND ALSO COPY  OF SAID NEWS PAPER IN THE COURT.

3.COURT WILL WAIT FOR SAID NOTICE PERIOD AND THEN AFTER HEARING THE ARGUMENTS WILL PASS THE ORDER AND ISSUE THE SUCCESSION CERTIFICATE TO THE CLAIMNENT.

4 THE SAID CERTIFICATE  COPY SHOULD BE SUBMITED FOR CLAIMING THE RELEVENT AMOUNTS FROM BANKS OR INSURANCE CO.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS

WITH BEST REGARDS TO ALL

THANKS

Dear Mr Nandkumar,

Many thanks for your quick response, just one question is "Succession Certificate" & "Legal Heir Certificate" the same or is it different. Basically over here we want a certificate to be issued by a competant government authority certifying blood relative of the deceased.

Rgds

Concerned Taluka Tahasildar will issue to survivors certificate but insurance co., does not accept it., so it is better to file probate and succession certificate in the civil court to claim the insurance amount.

Dear Rajeev,

Thank you for your advise, how long does it take to get "Survivors Certificate" from the concerened Taluka Tahasildar and what are the documents to be submitted to them in order to obtain this certificate.

Rgds

It is Legal Heriship certificate (sometimes called survivor certifiacte) has to be obtained from concerned taluka tehsildar by submitting copy of death certificate, copy of proof of residence with an application. Further particulars can be obtained from taluk office.

Well, For getting succession certificate case should be file at civil court or dist court  and the legal heirship certificate can be procured from the concerned tahshildar having jurisdiction to your area of residence.

Mr Irshad Ali.

Pl.read the insurance policy clayses. If there was a provision of nominee and name of the nominee was recorded, then there will not be a need for succesion certificate. If yourn friends family is staying at Vadodara you may ask them to call on me for  free guidance in the  matter  Advocate  lionmsbhalerao@gmail.com