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Which state to apply legal heir certificate from


06-Nov-2024 (In Family Law)
My father passed away in hid ancestral home in Tamil Nadu. His permanent address and adhar card are registered in Mumbai. Where should we apply for the legal heir certificate- Tamil nadu or Mumbai?
Answers (5)

Answer #1
938 votes
If his properties are situated in Mumbai then he must apply in Mumbai. However, if properties are located both in Tamil Nadu and Mumbai you can choose to apply in either of the states. Feel free to contact me for seeking any legal assistance as regards the same.
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Answer #2
572 votes
In your case, where your father passed away in Tamil Nadu but his permanent address and Aadhaar card are registered in Mumbai, the legal heir certificate can generally be applied for in either location based on certain factors. According to Indian law, the legal heir certificate is usually obtained from the Tehsildar's office or the local municipal authority in the place where the deceased person resided permanently. Since your father’s permanent address is in Mumbai, it would be appropriate to apply for the legal heir certificate there, as the authorities in Mumbai would likely have his residential and identification records. However, if your father was staying in Tamil Nadu at the time of his death, you may also apply for the legal heir certificate in Tamil Nadu, particularly if it’s more convenient for your family or if there are other records or witnesses available there to confirm the relationship of legal heirs. In Tamil Nadu, the application can be submitted at the local Taluk Office where he passed away. It is advisable to choose the location that has stronger documentation and witnesses for the issuance of the certificate. In most cases, the permanent address (Mumbai, in this instance) is preferred. Ensure to carry all necessary documents, including death certificate, proof of relationship, and address proof, to expedite the process.
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Answer #3
714 votes
You need to apply for the Legal Heirship Certificate, where your Permanent Address and Aadhar Card Address are currently in existence on your name. Such Addresses need to be active addresses. You can apply Legal Heirship Certificate before the concerned Collector or Tehsildar.
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Answer #4
575 votes
The court's jurisdiction in granting an heirship certificate is determined by where the deceased person lived or owned property at the time of death. If the deceased had a permanent abode at the time of their death, the district court in the jurisdiction where they lived is the appropriate court. If the deceased did not have a fixed address, the appropriate court is the district court in the jurisdiction where any of their property is located.
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Answer #5
968 votes
you can apply to any one of the places and suggest applying to the location where the person is deceased, as you will get a death certificate in that state. applying in mumbai can also be gone but death certificate is required for the same
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