raja 03 March 2015

Legal heir certificate - only include widow

Hi,

my father recently passed away and we have been advised to obtain legal Heir certificate in order to transfer 2 plots of land and a flat from his name.

There are 2 plots of land, one in joint name of my father and my brother and other in my name and my father. There is also a flat in joint name of my father and mother.

in our family now there is only me, my brother and my mother. Both me and my brother are married and have little kids.

Me and my brothers are more than happy to transfer all of our fathers share in the land and property to our mother. We would like to understand whether our mother be the sole applicant for legal heir certificate. If me and my brother provide a NOC can our mother be the sole heir of our fathers assets? If yes, what would be the process do so? Is there any specific format for the NOC? Do our spouses also need to provide NOC?

The properties mentioned are in Coimbatore,TN.

Would appreciate a response.

thanks

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 March 2015

Dear, Legal heir certificate should be taken for all because that certificate will help you in future for many purposes .... Yes after taking the legal heir certificate you can the property registered in your mother name and relinquish your rights thereafter ..... Kapil Chandna Adv 9899011450

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T. Kalaiselvan, Advocate (Advocate) 08 March 2015

The application for obtaining legal heirship certificate can be moved by any one of the legal heirs but there should be a mention of all the names of the legal heirs to your deceased father. As far as transferring the properties in your mother's name, all the legal heirs who are entitled to a share in the properties have to execute a registered release deed relinquishing their rights towards the share to be inherited through the father's share of intestate properties, however as far as the joint ownership in the same properties the co sharer may execute a gift deed in mother's favor, so two actions to be done by each of the legal heir if the entire properties are to be brought under mother's name alone.

Adv k . mahesh (advocate) 09 March 2015

here two properties and in each property two sons names individually but joint with their father as well and if class-i heir gets the legal heir certificate means her wife and their mother will get legal certificate she will be a joint with their sons individually in each property and if the sons wants to make their mother as the sole then only they need to do relinquish their rights through release deed and their mother will be sole owner of the property