Index 2, legal heirship

"Now the society is planning to register the conveyance deed" how and under what authority. It appears that you are misinformed.

Hi sir,

There was no conveyance deed made earlier between the developer and the society, the building is around 40 years old, so they are planning for redevelopment, for that they are executing a conveyance deed now,

My question is that whether a heirship certificate is required if the owner has passed away for his legal heirs to put their name on index 2

Yes, it is essential that you obtain a legal heirship certificate from the revenue authorities and get the revenue records transferred to the names of the legal heirs from that of the owner after which you can give the copy of the transferred records to the society so that they can record the new owners name for conveyance and redevelopment etc.

Yes, LR certificate is required.

Society cannot deal with transfer of title (ownereship right) of the flat.

Hi,

I have a query, my society is around 30 40 years old and planning to go for a redevelopment, there was no conveyance deed. Now they are getting a conveyance deed done. So i have a question the flat was registered in my father's name he passed away. So do i need to get a legal heirship certificate because they are asking for it, or a normal affidavit will suffice

In Maharashtra, the requirement for a Legal Heirship Certificate (LHC) depends on the specific circumstances of the case. When LHC is required: - *No Will*: If the deceased person (Mr. A) did not leave a will, an LHC is typically required to establish the legal heirs. - *Multiple Claimants*: If there are multiple claimants to the property, an LHC can help resolve disputes and confirm the rightful heirs. When LHC may not be required: - *Clear Succession*: If the succession is clear, and there are no disputes among the heirs, an LHC might not be necessary. - *Small Estate*: For small estates or properties of minimal value, the authorities might not insist on an LHC. Alternative Documents: - *Death Certificate*: A death certificate is essential to establish the fact of death. - *Birth Certificate*: Birth certificates of the heirs can help establish their relationship with the deceased. - *Marriage Certificate*: A marriage certificate can be used to establish the relationship between the spouse and the deceased. - *Affidavit*: An affidavit from the heirs, stating their relationship with the deceased and their claim to the property, can be used as an alternative to an LHC. - *No Objection Certificate (NOC)*: An NOC from all the legal heirs can be obtained, stating that they have no objection to the transfer of the property. In the case of Mr. A's property, if the society is willing to accept alternative documents, the son and wife can provide: - Death certificate of Mr. A - Birth certificate of the son - Marriage certificate of the wife - Affidavit from the son and wife, stating their relationship with Mr. A and their claim to the property - NOC from all the legal heirs (if required) It is recommended that the son and wife consult with a lawyer or the society's authorities to determine the specific requirements and acceptable alternative documents for the registration of the conveyance deed.

You need to provide the legal heirship certificate issued by the revenue department with the complete list of all the legal heirs to succeed to the estates of the deceased.

Yes, you will have to obtain legal heir certificate.