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AA   08 August 2024

Legal heir certificate in delhi

Hi,

Kindly help with guidance on How to get Legal heir certificate in delhi and who (which office/authority) issues the same (court or state govt or central govt etc...) ....and whats the process

and if possible please share snapshot of recent legal heir certificate (striking off identity in certificate)

thanks in advance

 

 

 

 



Learning

 21 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 August 2024

You have to apply for a legal heir certificate with a copy of the death certificate of your parents to the Tahsildar concerned even online.

T. Kalaiselvan, Advocate (Advocate)     08 August 2024

You can take the assistance of a lawyer or a consultant in Delhi either from this forum or outside and under proper guidance you may get the desired certificate after complying with the requirements.

Dr. J C Vashista (Advocate )     09 August 2024

In Delhi it is called as "Surviving Member Certificate" applied online and issued by concerned area SDM. 

All relevant forms are available on line, you may seek help of cyber cafe or agent available in your SDM office.

AA   09 August 2024

Thanks Sir for your quick response,

As per your response , SMC in delhi is Legal Heir Certificate ....with only name is different

one of the public sector bank branch in delhi is saying SMC is not legal heir certificate....

Kindly guide how do we repond to them...and if any reference can be shared with them to prove that both documents are one and same 

T. Kalaiselvan, Advocate (Advocate)     09 August 2024

No doubt surviving members certificate is not a legal heirship certificate.

If you have to succeed to the funds available in the accounts of the deceased then you can get a succession certificate through court of law, though it will take considrable time and incur good expenses on this process. 

If you have made clear the purpose of legal heirship certificate in the first post itself, you would have got the proper opinion/suggestion to move forward.

AA   09 August 2024

Thanks Mr. T. Kalaiselvan for your response

Bank is fine with legal heir certificate for establishing legal heirship,   

so question is again from where  we should get Legal Heir Certificate in Delhi ???

(if not tehsildar, as tehsildar is issuing legal heir certificate and calling it as SMC, though I see intent , format and wording is same for SMC of delhi and legal heir certificate of other state)

 

P. Venu (Advocate)     09 August 2024

May be, the Bank is insisting for Succession Certificate which is to be issued by the competent Civil Court.

Dr. J C Vashista (Advocate )     09 August 2024

I agree with the opinion of Senior expert Mr P Venu, you are required to contact the branch manager and find out what do they require.

However SMC is an administrative document to verify legal heirs of deceased. Some States call it Legal Heir Certificate also, it's just change of nomenclature 

In Delhi SMC shall be issued by area SDM, which can be found from Delhi government portal 

AA   09 August 2024

Vashishta Sir/Venu Sir,

To be specific , bank is fine either with legal heir ceritificate or succession certificate for considering it as legal representation

now in delhi I approached lawyers and court, every one directed me to tehsildar for legal heir certificate, which issues SMC.... 

bank clerks (as they are not legal team) are confused due to terminology, which we need to prove as same

Dr. J C Vashista (Advocate )     09 August 2024

Probably bank officials are asking for succession certificate which shall be issued by Court on a separate petition u/s 276 of the Indian Succession Act,1925, where you (petitioner) will be required to submit SMC

AA   10 August 2024

 No Vashishta Sir , they have specified in writing to provide either of succession certificate or Legal Heir Certificate, and insisting that SMC is not legal heir certificate...this govt bank has ambiguous  and very adhoc processes 

in any case Amount is small and not worth of succession certificate

BTW, just for information --> RBI had eased out rules of deceased claims in 2015 , specifically asking banks not to demand succession certificate or any special document in case of intstate death for no nomination account holders....But few govt banks are still following their age old policies , solely due to lethargy towards changing policies at par with RBI guidelines

 

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

The bank clerk may not be able to apply his mind to interpret law and to be flexible without deviating the legal procedures.

A death claim amount to the extent of Rs. 5000 will be settled by bank on the basis of indemnity bond executed jointly by all the legal heirs/successors in interest on the basis of family tree affidavit duly notarized, without insisting on legal heirship certificate or succession certificate.

If the bank is still reluctant and not entertaining your claim you can approach the regional office of concerned bank with a request to intervene and provide solace.

Dr. J C Vashista (Advocate )     10 August 2024

Contact and consult a local prudent lawyer for further advise and proceeding.

However, if you feel, may contact me (on appointment) in Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi


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