Saravanan 08 October 2016

Regarding legal heir certificate

My father died recently . He made a settlement deed on 2002 and an unregistered will in 2008. Which is valid document? And which can i use to obtain a legal heir certificate. I have a elder sister and another sister who has expired who in turn have a son and a daughter. which names should be included in the application form in the legal heir?

Thanks

Saravanan

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7 Replies

Kumar Doab (FIN) 08 October 2016

It is believed that you are Hindu.

Confirm.

Kumar Doab (FIN) 08 October 2016

The legal heir certificate can be obtained and is issued by Tehsildar.

The deceased owner can dispose only the esatate that is owned ( undisposed) by him/her on the date of signing the WILL.

So if the estate was already disposed/settled before WILL, the WILL may be invalid to the extent of disposed estate.

Saravanan 08 October 2016

Yes Sir, I am an HIndu! To further add my mother has passed away too!

Thanks for the very clear information! so can i go ahead with submission of the deed as a document for legal heiar?

Saravanan

Kumar Doab (FIN) 08 October 2016

No deed is required for legal heir certificate.

The ClassI legal heirs of deceased Hindu male are: Mother,Wife,sons and daughters

and revenue official deputed by Tehsildar shall submit in his inquiry report that; wife is dead.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 09 October 2016

Yes Kumar Doab suggested the right one. However it depends on the place of living and purpose of obtaining legal heir certificate. As in some states tahsildhar is not competent to issue legal heir certificate.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 09 October 2016

You have to approach the concerned District Court to obtain legal heir certificate where tahsildhar is not competent. Tahsildhar can only issue legal heir certificate for only govt. Employee deceased family.