How to get Legal heir certificate

My elder brother who was a farmer expired last September. He was unmarried and had no children. He has a land in kannur dist. Now we want to sell this plot. On approaching adharam writting office they advised to bring legal heir certificate. He has mother, two brothers and two sisters. Now who is the legal heir? Mother alone or all of us. Is the legal heir certificate compulsory to sell the plot? How long it will take to get the legal heir certificate? What is the procedure and documents required? Any other option to sell without this certificate? since we were told that it will take about one year to get the certificate. Kindly Advise. Awaiting your early reply. Thanks

Answers (2)

210 votes

The legal heir certificate is issued by the Thahsildar/village officer of the concerned area. You need to approach the village officer for the same with all the relevant documents such as ration card, Death certificate etc.

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259 votes

A legal heir certificate is issued by the government for the following purposes to establish relationship of the diseased with the applicant.
1. To establish relationship for claims relating to Insurance, pension , retirement benefits or service benefits of central and state government departments, Government undertakings etc.
2. In legal succession cases to get succession certificate to establish the relationship
3. To get employments. for eg Compassionate appointments .

Following documents are required for applying this certificate
1. Death certificate
2. Idendity Card
3. Ration card
4. Prescribed application form by affixing a court fee stamp of Rs5/-
The purpose for which the certificate is applied for should be mentioned in the application.

On the recommendation report of the village officer the certificate is issued by the Tahazildar after completing the required formalities .

The property of a male Hindu dying intestate shall devolve -
(a) Firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) Secondly, if there is no heir of class II then upon the heirs, being the relatives specified in class II of the Schedule;
(c) Thirdly, if there is no heir of any of the two classes, then upon the agitates of the deceased; and
(d) Lastly, if there is no agnate, then upon the cognates of the deceased.
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:
Rule 1. - The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2. - The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3. - The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4. - The distribution of the share referred to in Rule 3-
(i) Among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the Surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion;

(ii) Among the heirs in the branch of pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

In your case relationship certificate from village office is enough for selling the land. It can be get easily from village office.

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