HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA?

Dear Sir, Without seeing the pleadings of both the parties and evidence on record nobody can tell the result of the case. However, nobody can know the mentality of the judge who is going to pass a reasoned judgment on merits who is expert to deliver the judgment.

Dear Sir, The description given by you is so lengthy, please make it short and re-submit, as experts have no time to spare as this is free and charity work.

Dear Client, In testamentary succession, Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. The executor of the will is required to file a petition and the original will to the competent Civil Court/District Court having territorial and pecuniary jurisdiction over the suit property for a grant of probate. In the petition, the executor has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public. If there are no objections, then the Court grants the Probate/LOA to the executor who distributes the property to the beneficiaries as per the wishes expressed by the deceased owner in his Will. In the given situation, you may consult with an experienced Advocate who may guide you with tailored advice and steps.

Dear Client, Section 30 of the Maharashtra Co-operative Societies act, 1960 states that, on the death of a member of society, the society shall transfer the share or interest of the deceased member to a person or persons nominated following the rules and by-laws. Section 30(1) of the Maharashtra Cooperative Societies Act, 1960 provides a mandate to the society for the transfer of the share or interest of the deceased member to a person or persons nominated by the deceased member or, if no person has been nominated to such person holding a Succession Certificate as may appear before the committee to be the heir or legal representative of the deceased member. Provided, such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society. Rule 25 of the MCS Rules lays down the procedure for the transfer of the shares of the deceased member either in favour of the nominee or in favour of the heir or legal representatives of the deceased owner. To transfer a flat's share certificate in favour of nominee(s) or legal heirs of the deceased member, the society's Managing Committee has to pass a resolution in a duly convened meeting approving the transfer. Once approved, the society will endorse the nominee's name on the share certificate and update its records, and accordingly inform the Registrar of Cooperative Societies. As regards requirement of a legal heir certificate by the society to transfer the share certificate of the deceased owner in favour of the nominees/legal heirs, then be informed that a legal heir certificate establishes the relationship between the deceased person and his/her legal heirs. While a succession certificate is generally required for transfer of movable assets such as, Bank savings, Fixed deposits, Shares, Provident funds etc, a legal heir certificate is usually required for transfer of immovable properties that left intestate by the deceased owner. A legal heir certificate can be obtained after the death certificate is obtained from the municipality/ corporation to claim their right over the deceased person’s properties. Two common documents are required for processing and issuing a Legal Heir Certificate(Haisiyat praman patra) of a deceased person, one is a death certificate of the deceased person and an affidavit sworn by any one of the family member declaring therein the details of all surviving legal heirs or family members of the deceased apart from other routine documents certifying the identities of the legal heirs. A legal heir certificate is issued by the concerned Municipal Authority or Tehashildar under whose jurisdiction the deceased or surviving legal heirs permanently reside. Accordingly, you can apply for the same and once that certificate is obtain, submit the same to the society for transfering the ownrship of the falt in favour of legal heirs. In case of any dispute, be informed that Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960. As per Bye Law No 174(a), Complaints may be made to the Registrar of the Cooperative Societies, failing which disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 may be filed before the Cooperative Court under Bye-Law No.174(b) and failing which, the aggrieved person may file a civil suit before competent Civil Court under Bye-Law No.174(c) of Model Bye-Laws of Cooperative Housing Society seeking appropriate relief in the matter.

Dear Client, From the prolonged contents of the query, it appears that the plaintiff had filed a partition suit and while a partition suit was pending, the defendant executed an unregistered Will, so the question arises as to how the testator/defendant executed a will without having a title on his share in the said undivided property. It is settled law that until and unless an undivided property is partitioned through a decree of the Court, the legal heirs/coparceners cannot be considered as an owner of his/her share in the property. Will means the legal declaration of the intention of the Testator with respect to his property, which he desires to be carried into effect after his death. In the case of testamentary succession, the wishes of the testator of the will shall prevail, whether the will is registered or not. The Supreme Court in the case of Saroja v. Santhil Kumar (2010) has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. The time limit for challenging a will in India is generally up to 12 years following the testator's demise. However, legal heirs may potentially contest a will at any time because the Indian Succession Act of 1925 makes no mention of a deadline. The Supreme Court in the case of Kavita Kamra v. Pamela Mehta (AIR 2020 SC 2614) held that the unreliability of the attesting witnesses, the contradictions in their statements or if the major beneficiary played an active and major role in the execution of a will which would confer on them substantial benefit, it would give rise to suspicious circumstances and can be a ground of challenge. Even your query does not focus on any status of the partition suit that was filed before the execution of the Will by the defendant. It is also a questionable point as to what kind of certified copy of an unregistered will was filed by the defendant and the testator of the will to prove its veracity and authenticity when it was not challenged by the plaintiff as per his admission before the Court. So, even if the plaintiff amended the plaint challenging the will, based on the admission/confession of the plaintiff, the Court may dismiss the case. Hence, while the contents of the query appear to be confusing, it is suggested to consult with an experienced Advocate for the tentative course of action either based on the order of the Court or based on the status of the other pending suits related to property.