Letter of Administration and Legal Heir Certificate
2 years ago
My Father in law passed away in 2019 and had made a registered will to transfer his immovable properties as well as as other movable assets in the name of his two daughters.
He had a son from his earlier wife and in his will he had mentioned about the same but did not give any inheritance. As such no claim was made by his son after the death of my Father in Law.
Accordingly, after following the due procedure, We have obtained a Letter of Administration from the Court and court has ordered that all immovable and immovable properties be transferred in favor of two daughters as mentioned in the registered will.
Upon applying with the concerned authorities to transfer the properties as per the Letter of Administration, Talati is insisting on Legal Heir Certificate to proceed further.
My understanding is - once the the court has verified all the details and issued a Letter of Administration, Talati should follow the court orders and cannot insist on Legal Heir Certificate.
Kindly guide.
If every legal heir of your father in law was aware of who would inherit the property then the court can rightfully proceed with the issuing of the letter of administration after confirming this. After issuing the letter of administration from the court in accordance with your father in law's will then no legal heir certificate will be required by the beneficiaries in order to mutate the names in the record.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Agriculture Land Purchased in Gujarat from Non-Farmer Seller
Registered legal entity as nominee of chs flat Mumbai
Sc st land purchase by obc mp dist narmdapuram
Property share
Hiring of professionals as executor of a will
