Ramesh J (IT) 11 October 2010

Legal Hier Time Limit

Hi,

My mom died two months back without leaving will. Now we have to take legal heir certificate. Me and my brother are the heirs of her property. My brother is currently in US. He'll be coming back only after 6 months. I want to take the certificate when he returns back

Is there any problem delaying legal heir certificate application. Is there any time limit within which i 've to take it.

Thanks in advance

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4 Replies

Dinkar Vidyarthi (Advocate) 11 October 2010

Dear Ramesh,

There is no problem if you will file a application for certificate of Succession after 6 to 10 months. but you must produces the death certificate of your mom before the authority along with condonation of delay application seperately,showing the genuine reasion in it

Bharatkumar (ADVOCATE ) 11 October 2010

U will file a application for certificate of Succession after your brother is come. This procedure is 6 or 1 year then court give a certificate of succession. U attech a death certificate of your Mother and list of legal heirs with this application.

adv. rajeev ( rajoo ) (practicing advocate) 11 October 2010

There is no time limitation to get the succession certificate. You can alone also file an application along with an affidavit giving the name, age, relation with the deceased to get the succession certificate.

V. VASUDEVAN (LEGAL COUNSEL) 11 October 2010

If the assets are liquie viz. bank deposits etc., you may apply for the legal heir certificate from the local revenue authorities (Teshildar) for which the death certificate would suffice. For issue of this Legal Heir Certificate, presence of your brother may not be required.

Vasudevan