Procedure of Legal Heirship or Succession Certificate

A legal heirship certificate identifies the rightful successor who can claim the properties of the departed person. Suppose the person who has died has not made any will or has no nominees for his immovable property in that case, the legal heirs of his property can claim his properties by obtaining a legal heirship certificate.

Viraj Patil Created on 7th Dec, 21

Is there anyone in your family who has had a sudden death and hasn't left any will?

 

Then, in such cases, to claim his property and assets, you must get a legal heir or succession certificate.

 

A legal heirship certificate identifies the rightful successor who can claim the properties of the departed person. Suppose the person who has died has not made any will or has no nominees for his immovable property in that case, the legal heirs of his property can claim his properties by obtaining a legal heirship certificate.

 

This article discusses the procedure of getting a legal heirship certificate. You may also seek the help of an experienced Advocate in Navi Mumbai to get a legal heirship certificate.

 

Before we discuss the procedure of getting a legal heirship certificate in Navi Mumbai, first, let us understand who legal heirs are and more. 

 

The Hindu Succession Act defines who legal heirs are. Legal heirs can include the spouse, children, or parents of the deceased (Dead person). As per the law, the Class 1 legal heirs have the first right to claim the deceased's property or assets. If class 1 legal heirs are not present, then the right gets transferred to class 2 legal heirs and so on.

So, these legal heirs can receive the legal heirship certificate from the court to claim their rights over the deceased's properties.

 

Which court should a legal heir approach for obtaining a legal heirship certificate?

The court one should approach for obtaining a legal heirship certificate should meet at least one of the below two criteria-

  • Civil Court in the District where the person who has left behind his properties has died.
  • Civil Court where one or more properties of the deceased person are situated.

 

What is the difference between legal heirship and a succession certificate?

A legal heirship certificate is issued for immovable assets. In contrast, a succession certificate is issued for movable assets.

 

Now, let us discuss the procedure of getting legal heirship or a succession certificate.

 

What is the procedure of getting a legal heirship or succession certificate?

The following are the steps of obtaining a legal heirship certificate-

 

Step 1- 

The legal heir of the departed person needs to file an application in the Civil Court and pray for a legal heirship certificate to succeed to the estate of the deceased. Along with applications documents such as the death certificate of the deceased, property documents, and identity and address documents of the legal heirs need to be attached.

 

Step 2-

Once the application as stated above is filed then the papers are scrutinized if there are any office objections like whether the application is filed in the proper format, all documents necessary are attached, the schedule of property is clearly mentioned and appropriate court fees are paid. If there are any objections then the legal heir who has made the application or his lawyer has to clear those objections and then the case gets a registration number and the case is sent to the computer section for website updation. Legal Heirs can later check the case status on the website of the court which is https://services.ecourts.gov.in

 

Step 3-

The case gets a hearing date which can be viewed on the above website and then later on the first date of hearing the applicant has to request the court about the paper publication by filing an application. 

 

Step 4-

Once the application is allowed by the Court, then a public notice and a declaration in the prescribed format has to be submitted to the Court for stamp & signature. 

 

Step 5-

Once endorsed by the Court then a public notice is published in the local newspaper stating the reason behind the person's death. It also states that to claim the property of the deceased, an application for getting an heirship/succession certificate has been submitted and if anyone has any objection, they can object within 30 days. If within 30 days, no one raises any objection, then the legal heirship/succession certificate will be granted to the legal heirs who have requested it. 

 

Step 6-

After the 30 days period is over then the applicant needs to submit his evidence affidavit along with all the original property documents. The Court verifies and inspects all documents and if found proper then issues the heirship/succession certificate in favor of the legal heirs. 

 

Step 7- 

The legal heirs can produce the legal heirship/succession certificate before any revenue/government authority, city survey office, a society where they want to record their names as owners in place of the deceased whose property they have succeeded. 

Time taken: 

Realistically, the procedure of getting a legal heirship/succession certificate takes around 45 - 60 days and there is no shortcut to this procedure and timeline. 

 

What are the court fees for obtaining a legal heirship certificate?

At the initial stages, the applicant needs to pay a nominal fee of 50 rupees. Usually, in cities like Mumbai and Navi Mumbai, the court fees that need to be paid are dependent on the property's valuation. Besides the court fees, professional fees need to be paid to the lawyer to do the procedure on behalf of the legal heir to get the certificate. 

 

Parthasaarathi LLP a legal consultancy firm in Navi Mumbai has a good team of experienced and some of the best advocates who are experts in property matters and procedures related to succession/legal heirship certificate and also other legal matters by providing the best legal services to people.

For more information, you may visit:www.parthasaarathi.com

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