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How to get legal hire certificate
14-Jun-2023 (In Civil Law)
Myself chennakesh, my father expired on 2016 and he was a railway employee. He used to get his pention and he did not mentioned my mother's name in the railway records as well as in the bank account. After his death we approached bankers for stopping his pention. And allotment of pention to my mother. We have come to know that my father did not mentioned my mother name in records. Railway officials informed us to get a legal hire certificate. We have a family member certificate issued by tha tahsildar. Can you please suggest me how to get the legal hire certificate from court. How many days it will take to get the certificates and process.
Dear Client,
Your mother must file a civil suit for the issuance of Legal Heir Certificate through an advocate in a court of law. Your mother must engage an expert advocate who has been practicing on civil side and dealing in matters of filing civil suits for issuance of Legal Heir Certificates. The advocate will show the Railway Authorities and Bank Authorities as Opposite Parties to the civil suit for relief against whom your mother got. It takes nearly 6 to 9 months. After obtaining Legal Heir Certificate produce the same before the above said Authorities for inclusion of name of your mother in the concerned Registers.
Your mother must file a civil suit for the issuance of Legal Heir Certificate through an advocate in a court of law. Your mother must engage an expert advocate who has been practicing on civil side and dealing in matters of filing civil suits for issuance of Legal Heir Certificates. The advocate will show the Railway Authorities and Bank Authorities as Opposite Parties to the civil suit for relief against whom your mother got. It takes nearly 6 to 9 months. After obtaining Legal Heir Certificate produce the same before the above said Authorities for inclusion of name of your mother in the concerned Registers.
Helpful?
32+
32+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Hi
Based on family member certificate issued by tehsildar, you can apply for legal heir certificate in the court.
Courts will issue a succession certificate upon application by members named in family member certificate.
Process
a)You SHOULD file a petition with the district court or high court within whose jurisdiction the property or asset is located. B) Mention the name and relationship of the petitioner with the deceased person.
C) Also mention names of all heirs of the deceased, details about time, date and place of death in the petition.
D) Also produce a copy of the death certificate.
E) The court typically issues a notice in the newspapers for a given period (generally 45 days).
F) If no one disputes or contests your petition on the expiry of this period, the court will pass an order for issuance of succession certificate.
G) The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate.
H) The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered. In addition to the court fee, the lawyer's fee also needs to be taken into account.
Hope this information is useful.
Based on family member certificate issued by tehsildar, you can apply for legal heir certificate in the court.
Courts will issue a succession certificate upon application by members named in family member certificate.
Process
a)You SHOULD file a petition with the district court or high court within whose jurisdiction the property or asset is located. B) Mention the name and relationship of the petitioner with the deceased person.
C) Also mention names of all heirs of the deceased, details about time, date and place of death in the petition.
D) Also produce a copy of the death certificate.
E) The court typically issues a notice in the newspapers for a given period (generally 45 days).
F) If no one disputes or contests your petition on the expiry of this period, the court will pass an order for issuance of succession certificate.
G) The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate.
H) The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered. In addition to the court fee, the lawyer's fee also needs to be taken into account.
Hope this information is useful.
Helpful?
29+
29+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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