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What is the procedure of obtaining legal heir certificate
31-Aug-2023 (In Property Law)
My father died without making will and the legal heirs are his wife, 2 sons and 1 daughter. He has flat in his name at navi Mumbai of which he has submitted nomination to housing society but it is not signed by him. so our local lawyer told that we have to take legal heirship certificate. Now my questions are: (1) Whether we have to take legal heirship certificate to take charge of the flat? (2) How much is cost for taking legal heriship certificate?
Dear sir 1stly for this you have to approach a lawyer in Bombay highcourt ,how's practice is in original side of Bombay highcourt and the cost of approx more then a 50k and I regularly appear before the Bombay highcourt and our office is located near highcourt so for any information kindly contact us
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Adv. Manindra Pandey
Mumbai | 100+ Answers
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Since nomination is not signed by your father society can not make any one of you as a member. The way of legally ascertaining heirs of any person is by obtaining Heirship certificate. So society may ask for it to avoid any dispute. Cost of obtaining Heirship certificate will be advocate's professional fees, miscellaneous expenses and court fee as per law.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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Yes your local lawyer is correct. In order to ascertain the legal heirs of the deceased and society to transfer the immovable property in the name of the legal heirs you will have to file for succession certificate. Your local lawyer should be able to help you in under Rs 25000 unless there are complications you are good to go.
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Adv. Clerence Pereira
Pune | 25+ Answers
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Yes, legal heirship certificate is required for transfer of shares
Depending on value of the flat, applicable court fees will be calculated and required to be paid
Other Miscellaneous expenses and Legal Fees applicable
Depending on value of the flat, applicable court fees will be calculated and required to be paid
Other Miscellaneous expenses and Legal Fees applicable
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Adv. Ibji Majid Anwar
Navi Mumbai | 25+ Answers
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