Chitra (Engineer) 25 April 2015

Obtaining legal heir certificate from court

Hello all,

My brother had bought a property in a town in Tamilnadu under a society. The property
has not been registered as yet. My brother has died now. He was unmarried. Now the property
has to be transferred to my mother's name for which they are asking to obtain a legal heir certificate from the court only. I have got a survivor and family tree certificate from the tahasildar
which they are not accepting. They want it from the court only.

I have a couple of questions on this.

1. If I have to apply for legal heir certificate do I need to
mention the market price of the property or guidance value.

2. How much time does it require to obtain the legal heir certificate from the court of law.

3. Do I need to obtain legal heir certificate separately for different properties or I can obtain one which includes everything.

4. Is there any specific court fee which is based on the value of the property.

Kindly let me know the answer for these queries. THanks in advance for your help.

Regards,
Chitra

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 April 2015

Getting a legal heir certificate will not be an easy task for the common man. Henceforth, the legal heir certificates will have to be obtained from civil courts.

Once the application is filed in the court, it will send the application to the mandal revenue officer who will have to visit the house of the applicant, meet the family members and record all the evidence and then revert back to the court. The civil courts will be the final authority on this issue. The legal heir certificate is an important document for purchase of property if the owner of the property is dead and settlement of property disputes within the family as well. So consult local civil lawyer. He will guide you.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 25 April 2015

From civil court. Consult local lawyer

Chitra (Engineer) 25 April 2015

Mr. Ramachary64, thanks for the reply which you have cut and pasted from another article on the internet which I have already read. I wanted answers to my questions which are not there. I want to know the process before consulting. If anyone knowledgeable can reply with their knowledge it is fine, otherwise I can read articles available on the internet.