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:-

Relationship with the

Sr.No. Name Age Address
deceased

(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 Age

person

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. Name Age Relationship with Deceased Marital

No. person 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: Mumbai DEPONENT

Identified by me

Advocate Jairam Chandnani BEFORE ME

(NOTARY)