dronavalli satishkumar 16 September 2017

legal heir

my grandmother died four years back and now my grandfather died one month back.my mother and her brother didn't take legal heir certificate for my grandmother .now they want to take legal heir certificate .can they take a legal heir certificate of both my grandmother and grandfather at the same time with a single application even though my grandmother died earlier

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22 Replies

Siddharth Srivastava (Advocate) 16 September 2017

Yes, they can obtain the certificate.

dronavalli satishkumar 16 September 2017

So a common legal heir application with an affidavit of the daughters and son can be applied

Kumar Doab (FIN) 16 September 2017

Apparently wrong:

It is felt that application for legal heir can be submitted for both at the same time.

The certificate is usually issued by O/o Tehsildar.

Check with them in local office and post back if they agree to accept a common application.

dronavalli satishkumar 16 September 2017

Does a legal heir certificate be used to transfer immovable assets or is a succession certificate needed for each immovable asset

Kumar Doab (FIN) 16 September 2017

It is believed that all involved are HIndu.

There is NO dispute amongst legal heirs.

Confirm!

dronavalli satishkumar 16 September 2017

Ya hindu no dispute among heirs

Kumar Doab (FIN) 16 September 2017

Check at website and/or in O/o Authrotiy under whose jurisdiction property falls say;MC for simple matters of inheritance; Intestate Succession..................

Usually death certificate and legal heir certificate(s) is required.

Kumar Doab (FIN) 16 September 2017

Has the authority asked to submit Succession Certificate? If yes, why? Is it due to say; some delay and per local rules pertaining to delay?

dronavalli satishkumar 16 September 2017

No they didn't ask for succession certificate So if the legal heir want to transfer the asset to one person in the legal should he do a deed of partition .for example three sons r their as legal heirs if they want to transfer to one one should they do a the deed of partition that single person after getting 1 by 3rd of asset on each ones name or can they do the deed of partition immediately after obtaining a legal certificate

Kumar Doab (FIN) 16 September 2017

The authority shall transfer share by inheritance per succession laws.....................without bundaries.

Obtain updated mutation records, showing ownership by inheritance.

The legal heirs can go for partion amicably mentionning boundaries and can register it.

dronavalli satishkumar 16 September 2017

If grandfather has given a gift of immovable property to his grandson and grandson has for it registered when he is alive can the daughter and son of my grandfather claim legal heir to that property because they r legal heirs

dronavalli satishkumar 16 September 2017

So according to my understanding until now take a legal heir certificate,Then the authority will transfer equal share to the legal ehris if their is no dispute then get the mutation done and change to the legal heir name and then register amicably those three shares and then do a partion agreement to the person whom u want to transfer

dronavalli satishkumar 16 September 2017

finally the doubt is if my grandfather bad grandmother has died at different years can we take a common legal heir certificate or will we have to apply legal heir for my grandmother separately and grandfather separate

Kumar Doab (FIN) 16 September 2017

The owner (Hindu) of property can dispsoe his self acquired/earned estate/property in his/her lifetime by a valid/registered deed in favor of anyone....................including a stranger.

GO grandfather can dispose in favor of grandson.