Apni Law Staff asked 2 years ago
Hi, I’m in Pune and my father recently passed away. He owned 3 acres of land in Osmanabad district, but he didn’t leave a will. Now, my mother and siblings want to transfer the land to ourselves, but the Tehsildar in Osmanabad is asking for a court certificate stating we are the legal heirs.
I’m confused about a few things:
1. Is this court certificate really necessary? Would birth certificates be sufficient?
2. We hired a lawyer, and after the court hearing, he said we need to pay stamp duty on the land to get the certificate. I don’t understand which certificate he applied for or why stamp duty is required.
3. What kind of certificate do we need for transferring the land? Where can I get this certificate? I’ve heard there’s a certificate that doesn’t mention property details and can be used for other things like transferring utility bills.
I’m feeling really frustrated with this whole process. Can you please help me understand?
Best Answer
Apni Law Staff answered 2 years ago
In India, without a will, the legal heirs must obtain a Succession Certificate from a competent court to prove their entitlement to inherit property. This certificate, which requires payment of stamp duty, is essential for the Tehsildar to proceed with the land transfer. Birth certificates alone are insufficient. The lawyer likely applied for a general Succession Certificate, which can be used for various purposes including property transfers, but it will not have specific property details.
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