Legal heirship Succession certificate issue
8 months ago
Dear Sir/ Madam,
I want sell my property a plot which was registered on my mother's name she is no more and no will was made. I have registered it on my name last year and a release deed was made and registered in favour of myself which was duly signed by my sisters in presence of the sub registrar with consent and free will of my sisters . we 4 are children of our parents 3 daughter's and me son . Now the problem is a now when i want to sell my property a party who is interested and want to purchase the property asking for a legal heir certificate from the district court and say the affidavit registered with release deed is not valid as it is not through court it is just a document from the advocate but when we made this registration we were told by the advocate that this will do and we dont need to apply through court and we can sell the property with out any objection once the release deed is registered.All this has happend a year ago and now i dont know whose mistake it is or whom to question , what is the procedure do i really need to apply again for legal heir through court or i will be able to sell it without it as they say it will take atleast 6 months to get it in hyderabad throughy court and they cannot buy neither anyone for that matter as they cannot get a bank loan without it is it true? I would really appreciate if someone understood my issue and cpuld help me with the right solution ,options and advice would be much appreciated thank you.
If purchasing party is not agreeing then find out any other purchaser. You cannot satisfy all the demands of the purchaser.
When a property owner passes away leaving his or her property intestate then surviving legal heirs are entitled to an equal share in the said property and if all the legal heirs bequeathed their undivided share through a registered deed of release, then a legal heirs certificate is issued by the Municipal Authority or Tehashildar then being a single owner of the property you can sell out the property. In the absence of any discrepancy in the title and encumbrance of the property, a buyer cannot ask for a legal heir certificate from a Court because a legal heir certificate issued by the Municipal Authority or Tehashildar is equally competent to issue such a statutory document which is also required by the Court to meet the purpose and accepted by the Bank for a loan if other criteria for eligibility of the applicant for loan meets the requirement of the Bank.
If a person wants to get a valid legal heir certificate, he can apply to the area/taluk Tahsildar if he lives in a rural area. In case the applicant lives in a town or city, he can apply for the same to the corporation, municipality office, or the district civil court. There will be an inquiry by the authority to find the validity of the claim for possessing the assets. After the enquiry process, the authority will issue the legal heir mentioning the names of all legal heirs of the person who is no more. The process through which a person can get a heir certificate is as follows:
If a person is the legitimate heir of the deceased person, he can apply to the district court in his area to submit his claim as the legal heir of the deceased person. The applicant must complete and sign the application form before submitting it to the court. There must be an explicit mention of the names, relationships, and detailed addresses of the legal heir/s.
The application should include a stamp paper affidavit or self-declaration from the applicant.
The applicant should attach the deceased person’s death certificate with the application. The death certificate is available from the municipality or corporation.
The revenue inspector or the administrative officer will be responsible for inspecting to certify the applicant’s claim.
After the inquiry process, the responsible authority will issue the heir certificate to the applicant.
The whole process of applying for a legal heir certificate will take around 30 days. The applicant may approach the Revenue Division Officer (RDO) or the sub-collector in his area if the applicant experiences an uncertain delay in getting the certificate or there is no response from the certificate issuing authorities.
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