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Procedure to obtain a legal heir certificate ?
08-Feb-2023 (In Property Law)
ther is some property on my mothers name and she has expired and we ahve her death certificate.we need to transfer the property on my fathers name . .Will family member certifiacte will be enough or we have to go for legal hier certificate.Please adivce how do we proceed
If your mother was a Government Employee then there is no problem in getting a legal heir certificate from the concerned department i.e usually from the office of Tahsildhar. If not then you have to obtain a legal heir certificate through a Court of Law. If the property falls under Municipality then the names of all legal heirs should be mutated in the Municipal records first. For the said mutation the death certificate and family certificate is enough. These days some banks are not insisting on furnishing of the legal heirs certificate if they are selling the property to a buyer who is obtaining loan from the bank for buying the property. All Legal heirs of your mother are entitled to the property as per law governing the personal law of the persons. Whether you need a legal heir declaration from the Court that would be way of suit before a Competent court of law. Whether you require a legal heir certificate depends the facts and circumstances you are in.
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Adv. C Hari Prasad
Nizamabad | 100+ Answers
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Dear Concerned, in response to your query, kindly approach the Civil Court and apply for a legal hair certificate, family member certificate might not be sufficient in instances of applying for loans., etc.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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