Introduction: This certificate is issued for a limited purpose of receiving Government dues such as Govt. Provident Fund, Gratuity etc. to the legal heir of the deceased employee of the State and Central Govt.

A) Under what Act/Rules/Govt. orders, the certificate is issued : Maharashtra Treasury Rules, 1968, Rule 359

B) Which office to contact :
Concerned Window , Mumbai City Collectorate , Old Custom House, ground floor, Fort Mumbai-01

C) How to make an application :

  • The application should be made in the prescribed form.
  • Affix Court Fee Stamp of Rs.2/- on the application

D) What documents to attach along with the application :

  • Xerox copy of the first & last page of the ration card
  • Affidavit duly affirmed on stamp paper of Rs.20/-
  • Death certificate
  • Service Record from the office of the deceased employee

E) Where to submit the application :
Concerned Window, Mumbai City Collectorate , Old Custom House,Ground floor, Fort Mumbai-01

F) Time limit within which the certificate will be delivered : 15 Days.

G) Complaint redressal authority : Tehsildar

Affidavit of Legal Heirs for Substitution

To be attested by I class Magistrate/ Sub-Judge given on non-judicial stamp paper of Rs. 100/-

Affidavit of Shri______Son/ daughter/wife of Shri______R/O______The deponent solemnly affidavit as follows:-

1. That______was my father /mother /husband /wife /grand father/Grand mother /father-in-law and he/ she died on______.

2. That the decease was owner of property being ______

3.That the lease in respect of the said property was registered as No. .______additional Bound No______Vol. No______on pages No ______to______dated ______.

4. That the decease has left behind the following heirs (widow/widower/mother / son/daughter/widow of predeceased son/ children of predecease caught her/ children of predeceased son etc. Including myself under Hindi succession Act, and their names along with their relationship with decaser, thefr ages and their addresses are give below:-

Sr.No. / Name / Age / Relationship with the deceased / Address

(i)

(ii)

(iii)

(iv)

5. That the deceased did not leave behind any heirs except those whose names are given above.

6. That the deceased left behind a will dated ______bequeathing the after sale property in favour of ______which is registered/non-registered one. The 'will' is genuine and I have no objection on it if the same is acted upon. That the deceased has left behind no will.

DEPONENT

VERIFICATION :

I , ______the above named deponent do hereby verify that the contents proof para 1 to 6 of the above affidavit are true and correct to my knowlege and that no portion is false.The said affidavit ______nothing which is relevant to the above matter.

Signed, dated and verified at ______this the______day of ______.

DEPONENT

1. Attested copy of the Death Certificate(s) should be enclosed.

2. Give also the name of the heirs of the predeceased son/sons and predeceased daughter/daughters of deceased under clause IV above along with the mother,widow,daughter or sons.

3. In case the deceased lessee has left behind an unregistered/registered will, a copy of that will duly attested by the Gazetted Officer/Notary public should be sent along with the affidavits.

4. If the will is probated, the No objection affidavits from the legal heirs is not required. However, in such cases a certified copy of probate order alongwith a copy of the will should be furnished by the applicant.

5. If any one of the heirs wants to relinquish his/ her rights, he/she should execute and get registered Relinquishment Deed in favour of the heirs in whose favour they want to give up their rights. Original of certified copy of Relinquishment Deed/ Releases Deed from the sub Registrar Office should be submitted with the application. All those who execute a relinquishment deed and get it registered need not give affidavits, only release Deed give their affidavits. Minpors, However, cannot give up their rights.

6. In case the deceased has left no will and the heirs have not executed Relinquishment Deed then all heirs should give their affidavits.

7. If it is not possible to obtain/rernish the No Objection affidavits of all legal heirs the beneficiary/ beneficiaries should obtain a probate of the will from a compact court of Low.

8..All affidavits should be got attested by 1st class Magistrate / Sub-Judge and given on Non. Judicial stamp paper of Rs 100/- and the copies of Death Certificate, will and Power of Attorney may got attested by any one of the following:-

1. / Gazzette Officer
2. / Member of Parliament
3. / Oath Commisioner
4. / Member of Metropolitan Council
5. / Notary Public (with notorial stamp of Rs. 3/-)

Legal heir certificate?

A Legal Heirship Certificate is issued by a tahsildar. A tahsildar is an officer of the revenue branch of the State.
A tahsildar has no right to decide on disputed issues of title or succession. Prior to the issuance of the Legal Heirship Certificate, a summary enquiry is undertaken by the tahsildar, through his or her functionaries, to ascertain the legal heirs of the deceased, so far as may be possible.
A certificate is issued on the basis thereof.
This certificate is useful for certain very, very limited purposes, such as mutation of revenue records and the like. Certain public limited companies are also prepared to act upon this certificate, rather than put individuals through the grind of applying to the court for a formal certificate.
Wherever there is a dispute, or a more formal certificate is required, a person claiming rights under a deceased has the option to apply to the competent court for the issuance of a Succession Certificate.
If the deceased has left a will, then, certain other court procedures will come into play.
Irrespective of the above, if there are disputes between the various parties claiming to be heirs of the deceased, these may be resolved by the parties either amicably or through court. In all these cases, the Legal Heirship Certificate pales into insignificance.
A Legal Heirship Certificate assumes importance only in a scenario where there is absolutely no dispute regarding the persons entitled to succeed to the estate of a deceased person. It cannot be relied on to establish title of any kind. It is not final and binding. Any person who believes that he too is a legal heir, will always be entitled to ignore such Legal Heirship Certificate and institute appropriate proceedings before a competent court.
The court which is called upon to adjudicate in such proceedings will disregard the Legal Heirship Certificate and will decide the matter
on the basis of direct evidence laid before it.
A person who relies on a Legal Heirship Certificate can therefore do so if he is reasonably certain that there are no disputes between the parties who assert claims to the estate of the deceased.


APPLICATION FOR LEGAL HEIR CERTIFICATE

To

The Mandal Revenue Officer,

------

------District.

Respected Sir,

Sub:- Issue of Legal Heir certificate- regarding.

I R/o ------H.No.------I am Legal Heir of deceased person who is expired on ------the following family members are legal heirs of Shri Late:------.

Sl. No. / Name / Relationship with Deceased person / Age

I request your kind authorities to issue us legal heir certificate at an early date.

Thanking you,

Yours faithfully,

( )

Encl:

1. Affidavit

2.Death Certificate

3.Service certificate of deceased if He/she were an employee.

AFFIDAVIT

I ……………………………..S/o Sri ………………………………………. Aged about ………………………years, having an occupation of …………………………, resident of ………………………………do hereby solemnly affirm and state on oath as follows:

I am the deponent herein, as such I am well acquainted with the facts of this affidavit.

The deceased was owner of property being ______situated at ______

I submit that my …………………..(relationship to be mentioned) namely ………………………………………..(givename of the deceased) who was working ………………………….. (give details of occupation of the deceased) has expired on ……………………..(date) leaving behind surviving legal heirs as under:

Sl. No. / Name / Age / Relationship with Deceased person / Marital Status

I further submit that the above mentioned are legal heirs only and the deceased did not leave behind any heirs except those whose names are given above.

That the deceased left behind a will dated ______bequeathing the after sale property in favour of ______which is registered/non-registered one. The 'will' is genuine and I have no objection on it if the same is acted upon. That the deceased has left behind no will.

Hence, I swear this affidavit in order to obtain legal heir certificate from the concerned Mandal Revenue Officer for the service benefits of my ………………….(give relation ship with the deceased).

The above facts are true and correct to the best of my knowledge and belief. Hence this affidavit.

Date: ______

Place: MumbaiDEPONENT

Identified by me

Advocate Jairam ChandnaniBEFORE ME

(NOTARY)