Can anyone help me in getting the Legal Heir certificate from the court?
2 years ago
Can anyone help me in getting the Legal Heir certificate from the court?
A.Dear Sir,
There are two types of legal heir certificate one is legal heir certificate issued by Revenue Authorities or nearly a notarized legal heir certificate on E-Stamp paper. Secondly, it is succession certificate under Section 372 of Indian Succession Act as follows:
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Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. The legitimate heir of the deceased person must approach the appropriate authority in the respective area and ask for the legal heir certificate application. All the required documents including the death certificate of the departed person should be attached to the application. Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate.
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