Ritesh M 25 April 2022

Should all legel heirs be present for certificate issue

Respected Sir/Madam,

The survey office has asked us to get sort of legal heir certificate issued by local Talathi. Is it compulsary that all legal heirs be present before him for certificate to get issued?

Can age old members join over video call? I am yet to ask Talathi office as I am in metro city and the property is in a village. Thanks you.

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Divya Vijayan 25 April 2022

Hello sir!

While the Indian Succession Act of 1925 does not prescribe a method for obtaining a legal heir certificate, it can be easily issued by revenue officers such as tahsildars, revenue mandal officers or talukdars, in every taluk or from the district court. A legal heir certificate can be issued and relied upon for certain limited purposes only. Unlike succession certificate, legal heir certificate is not conclusive.

A legal heir certificate is an important document to establish the relationship between the deceased and their legal heirs. Once the death certificate is obtained from the municipality, the successors can apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. One legal heir can apply for the certificate but they have to include the names of all possible legal heirs in the prescribed application form. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry.

Kindly refer to the below mentioned link:-

https://www.lawyersclubindia.com/articles/everything-about-the-legal-heir-certificate-14323.asp

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