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mady (tl)     09 November 2013

Legal hier

What is the procedure take a legal heir certificate? can we take it on fixed assets like house, land ect.., who are eligible to take legal heir certificate?



Learning

 3 Replies

BAALASUBRAMANNYAMM (Advocate)     09 November 2013

First you have to know what is "Legal Heir Certificate'. Then you made a query on it. 

Deepak Mishra (Deputy Manager (Legal))     09 November 2013

It is not a Legal heir Certificate, but it is a Succession Certificate which is issued by thr Court under the provision of Indian Succession Act. Succession Certificate is issued for moveable Asset only. For immoveable asset, you need to file an application with appropriate authority for transfer of ownership.

Advocate M.Bhadra   09 November 2013

Legal Heirs Certificate and Succession certificate are different issue,where a deceased person died intestate(without making WILL) and did not mention nominee in his/her account in Bank or any other places then the legal heirs and successor  need Succession Certificate from the Court.On the other hand the deceased died intestate and for ho/her immovable property would devolve according to Succession act, then legal heirs need for a Legal Heirs Certificate for mutation their own name.In India there are separate provision to muted the name which may vary State to State,in some State issues Legal Heirs Certificate through Sub-Division office  and some State having provision of Affidavit and in some States it may be issued by the local Councillor or Panchayat Office.


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