Legal Heirship certificate procedure in Maharashtra for 2024

NOTE : NO CONSULTANCY CHARGES WILL BE CHARGED FOR HEIRSHIP CERTIFICATE INQUIRIES. WE CANNOT BRING BACK YOUR LOVED ONE’S, BUT WE CAN LESSEN THE BURDEN THAT THEIR DEMISE HAS BROUGHT.🙏

Heirship certificate is necessary when a property owner dies intestate (without making a will). It has to be obtained by immediate family members (father, mother, wife, sister, brother, children, grand children etc.). If some members of the family do not want any share of the property, they will be named as opponents in the Heirship Application.
JURISDICTION

In the context of Heirship certificate procedure in Maharashtra :
Purchase Price of PropertyJurisdictionBelow 5,00,000 (Five Lakhs) Civil Judge (Junior Division) (Lowest court)
Above 5,00,000 (Five Lakhs) Civil Judge ( Senior Division) (District/Sessions Court)
Heirship application jurisdiction

Heirship certificate from Tehsildar, talukdar, mamledar, amaldar, mandal adhikari is only for people who live in a Gram panchayat, Municipal Council or Tehsil.
Ordinary citizens who live in Metropolitan areas (Cities with a Municipal Corporation) should not file there.

WHERE TO FILE

When someone passes away, their Hiership Certificate can be filed at the appropriate court closest to where they lived at the time of death or where their property or part of their property is located. All properties, no matter where they are located can be included in one application. The local court will then send letters to other courts where other properties are located and obtain verification reports from them.

The application for heirship has to mention the properties and the districts and the district courts they fall under for properties out of the jurisdiction of the local courts.

NOTE : The practice of executing and registering a ‘Release Deed’ and ‘Gift Deed’ by heirs in favor of any person or heir is an inherently defective procedure. You can only ‘Release’ or ‘Gift’ something that is already yours., and the only thing that can settle that is an independent verification by the Courts via Heirship Deed or if there is a Will left by the deceased person which includes the name of the executor (the person who will carry out the wishes listed in the will, as named in the will by the deceased person), via a PROBATE by Courts. After a successful PROBATE by the Courts, a LETTER OF ADMINISTRATION is issued in the name of the EXECUTOR named in the will. If there is no EXECUTOR named in the Will of the deceased person, then the Courts will appoint an ADMINISTRATOR for the assets of the deceased to find out if any legatees, a will or hiers exist.
Public notices in Newspapers may be issued to invite claims.

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Remember : No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction.
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Other Type of Letter of Administration : A letter of Administration can be directly granted to the legal heirs of a Hindu, Muslim, Budhist, Sikh, Jain if the decesed died without making a will. But such a letter of Administration can only be granted to a person who is entitled to the property anyways (lineal descendants/legatees i.e. sons, daughters, grandsons, granddaughters etc , tier 1, tier 2 hiers etc) as per inheritance laws.

COST

In Maharashtra, if the purchase price of the property to be claimed was less than 5,00,000 (Five Lakh), then the Court Fee is calculated as per the following formula :

Purchase Price of FlatCourt FeeMinimum Amount 01 to 50,000 2% 1000
50,000 to 2,00,000 4% 6000
2,00,000 to 3,00,000 6% 6000
3,00,000 to 5,00,000 7.5%
5,00,000 and above 75,000 75,000
Court Fee Chart for Heirship Certificate
For properties costing more than Rs 5,00,000 (Five lakh) at the time of purchase by the deceased, there is a flat fee of Rs 75,000 (Max) no matter how many properties and where they are located.

NOTE : Incase the property is under joint ownership and only one owner has expired, then the purchase price of the property will be taken at 50% of the total purchase price and the jurisdiction and court fee will change accordingly.

Sometimes the Judge allows depreciation and you can get away with paying Rs 58,000 instead of Rs 75,000. But that’s a hit or a miss.

COURT FEE PAYMENT SCHEDULE

Court fee (stamp) at time of submission : Rs 50
Court fee (stamp) on Vakalatnama : Rs 10
*Full Court fee is only payable once your application is approved by the judge...which is much later after your application is submitted and all the checking is over . It is the final step. After the payment of Court fee, your Hiership Certificate is issued.

COVERAGE

You can include all properties, wherever they may be located, in one single Heirship Application to the court. The court fee is capped at Rs 75,000…no matter how many properties you include and what the total price of the properties was.

The Documents for submitting application for Heirship are as below :-

1. Adhaar Card and Pan card of all parties (including the deceased person)
2. Death Certificate of the deceased person
3. Society Share Certificate
4. Electric bill
5. Copy of Sale Agreement (attested as true copy by Notary)
6. Valuation report (Obtained from a Chartered accountant or govt registered valuation agent or Sub Registrar office)
7. Ration Card

APPLICATION SUBMISSION

The Application is typed and submitted in court as a Miscellaneous Application (Civil) category. It is now compulsory to file all applications online via efiling (version 3.0) website .
You must first register yourself and wait for approval. Then you can file the application.

You must register on this website first

Efiling website

COURT PROCEDURE : STEPS

1. Submitting the application as a miscellaneous application (called petition in court language) along with Court Fee Stamp of Rs 50 (pasted on the back of the front page of the application) (If you are hiring an advocate, you have to paste another Rs 10 court fee stamp on the vakalatnama-appointment letter for advocate)
2. Affidavits of all parties stating that they are the legal heirs of the deceased person. A sworn document (Notarized by a Notary) that verifies facts concerning a specific issue. In this situation, it identifies the heirs of the decedent and other relevant information as required by law. Any Notary in your area should be able to help you with this.
3. List of Documents being submitted with the application (Aadhaar, pan, society Share certificate etc.)
4. Memo of address
5. Jahir Notice (Newspaper notice in 2 local newspapers inviting any objections from anyone within 30 days)
6. If no objection received after publishing of newspaper notice, a demand letter for payment of Court Fee (as per valuation)
7. No claim affidavit : This is given by the opponent heir that he does not want any share in the property. This is done at the final stage. Just before the Hiership Certificate is issued by the court.
8. Payment of Court Fee
9. Jahirnama (Heirship order issued by court)

Heirship notice issued in newspaper to invite objections if any

What happens if objections are received after Newspaper notice is published by courts ?

In this case the court issued a notice to all parties (8 days) and calls for all evidences and parties to present their case before deciding on the matter. The court can either issue the Heirship certificate or refuse to issue it . If the matter seems too complicated, it will suspend the proceedings of issuing the Heirship certificate until the matter is settled as part of a civil suit filed in an appropriate court.

The court will send bailiffs to inquire with people in your community and neighbors to gather information about your background. They will then submit a report to the judge. If you have properties in other districts or cities, the court will also request a report from the local court or magistrate. Once these reports are clear, your application for heirship will be approved.

Once all necessary tasks have been completed, it will be incumbent upon you to fulfill the court fee in the prescribed manner as stipulated by the court. Following this, the Judge shall provide you with the Heirship order that is rightfully yours.

Copy of Heirship certificate issued by Court in Mumbai

TIME TAKEN

The Entire Procedure should take 4-5 months, if the person/advocate is following up regularly.

POWERS/RIGHTS OBTAINED VIA HEIRSHIP CERTIFICATE

First—An heir, executor or administrator, holding the proper certificate,
may do all acts and grant all deeds competent to a legal heir, executor or administrator, and may sue and obtain judgment in any Court in that capacity.

Second.—But, as the certificate confers no right to the property, but only indicates the person who, for the time being, is in the legal management thereof, the
granting of such certificate shall not finally determine nor injure the rights of any
person ; and the certificate shall be annulled by the Sessions/District Court, upon proof that another person has a preferable right.

Third.—An heir, executor or administrator, holding a certificate, shall be accountable for his acts done in that capacity to all persons having an interest in the property, in the same manner as if no certificate had been granted. And that is the reason why the Heirship Certificate holders are supposed to give an inventory of any property they have sold to the court every year. This is done so that the court has an accurate record incase someone files a counterclaim later that you deprived him or cheated him from his share as he/she is also an heir.

DOES IT MAKE YOU AN ‘OWNER’ OF THE PROPERTIES?

An heirship certificate DOES NOT make you the “owner” of a property. It just gives someone the confidence to deal with you in matters related to a deceased person’s affairs. It’s like an assurance for that person, so they won’t be held responsible if anything goes wrong.

However, it’s important to note that holding an heirship certificate doesn’t protect you from being sued by other claimants or having the certificate cancelled by a court. If it’s discovered that you were involved in fraud, any money you received for the property may have to be shared or refunded to the rightful heirs. If you don’t comply, the government may sell your property to fulfill the rightful heirs’ claims. To pursue this, the claimant would need to file a case in court.

DIFFERENCE BETWEEN HIERSHIP CERTIFICATE, SUCCESSION CERTIFICATE AND LETTER OF ADMINISTRATION

An HEIRSHIP CERTIFICATE is a legal document granted by the appropriate court to the heirs of a person who has passed away without leaving a will. It is specifically applicable to non-movable assets such as flats, properties, and land owned by the deceased individual. The purpose of this certificate is to establish and validate the rights of the heirs over these immovable properties. The heirship certificate serves as proof of their entitlement and allows them to assert their ownership and make necessary transactions related to those assets.

On the other hand, a SUCCESSION CERTIFICATE is another legal document issued by the court that grants the heirs of a deceased person the authority to inherit and manage their movable assets. Movable assets encompass a wide range of properties and valuables, including bank accounts, shares, money, gold, jewelry, cars, bikes, and other personal belongings. The succession certificate acts as a testament to the legal status of the heirs and authorizes them to access, transfer, or dispose of the movable assets left behind by the deceased individual. It provides the necessary legal framework to ensure a smooth distribution of these assets among the rightful heirs.

In contrast, a LETTER OF ADMINISTRATION is a document granted by the court to an individual named in a will as the executor or administrator (Someone whom the dead person authorised to carry out and fulfill all that is written in the will).
It can also be granted to another person when no executor is named in the will or the person named as executor in the will is unwilling or not in a position or dead.
This person, named in the Letter of Administration as the Administrator, is entrusted with the responsibility of carrying out the instructions stipulated in the will regarding the distribution of assets.

Unlike the heirship certificate and succession certificate, the letter of administration is applicable when the deceased individual has left a will behind. The named executor or administrator is legally bound to oversee the proper execution of the deceased person’s wishes as detailed in their will. The letter of administration empowers the executor to manage the estate, handle any financial matters, settle outstanding debts, and distribute the assets to the designated beneficiaries as outlined in the will. It is important to note that the named executor or administrator does not become the owner of the assets mentioned in the will but rather serves as a fiduciary in fulfilling the wishes of the deceased.

Other Type of Letter of Administration : 

A letter of Administration can be directly granted (without probating a will) to the legal heirs of a Hindu, Muslim, Budhist, Sikh, Jain if the decesed died without making a will (Intestate) . But such a letter of Administration can only be granted to a person who is entitled to the property anyways (lineal descendant ie sons, daughters, grandsons, granddaughters etc , tier 1, tier 2 hiers etc) as per inheritance laws.

These legal documents play a crucial role in the posthumous transfer of assets and help streamline the inheritance process. They provide a clear framework for the distribution and management of both movable and immovable assets in accordance with the law. The issuance of these certificates and the letter of administration helps ensure the rightful transfer of assets to the appropriate beneficiaries, provide legal protection, and prevent potential disputes among the heirs.

SUMMARY

In short : Heirship certificate is like GST number. You don’t need it unless your business turnover per year crosses 40 lakhs … but nobody will deal with you unless you have it.

This is the entire gist of the matter 🙃

FOR MUSLIMS (Sunni’s)

In Muslim law, inheritance is determined by Sharia. The shares in the property are divided based on factors such as the number of children, their gender, and the relationship to the deceased. Generally, males receive twice the share of females. A Muslim person can only will up to one-third of their property while they are alive. After their death, Sharia law determines the distribution of the remaining property among the heirs.

Shias have a slightly different ratio for inheritance.

CONTACT US FOR ALL YOUR HEIRSHIP CERTIFICATE REQUIREMENTS IN MUMBAI & NAVI MUMBAI.

Contact Address

Sky Properties,
A-1, 7/2, Sneh Co Op Society,
Plot No 16, Sector 19a, Nerul,
Navi Mumbai,
Maharashtra 400706

mayur@navimumbairealestate.org
Mobile 9987452642

Services provided by us :-

• Buying and Selling of property in Navi Mumbai
• Registration
• Sale Agreement
• Sale Deed
• Stamp Duty Payment
• CIDCO Transfer
• Heirship Certificate from Court
• Agricultural land purchase/sale verification
• Society Formation
• Society Conveyance
• Tripartite Agreement (For Plots)
• Consultancy
• Due Diligence

How To Buy Repossessed/Foreclosed Flat through Bank Auction in Navi Mumbai

Overview

One often hears of great bargains offered by banks in repossessed/foreclosed properties. Although the offers are tempting, since they are offered at a 30-40% discount from market rates, one has to be careful while buying such properties/flats as many, if not all, have glaring shortcomings in their legal status. Many lack the proper building permissions and others lack permissions which are specific to Navi Mumbai.

CIDCO Role

Navi Mumbai was formed by acquiring land in the 1970’s by CIDCO, which was designated as the planning authority for Navi Mumbai. Villagers were compensated as per the land acquisition act and given adequate compensation along with land which they could sell in the open market to builders or build on it themselves. The scheme for such construction was called Sade Barah Takka (12.5%) GES (Gaothan Expansion Scheme).

Since CIDCO is the planning authority, it framed rules under Navi Mumbai Disposal of Lands Act and Navi Mumbai DIsposal of Land Rules. These rules also incorporated conditions for sale of flats/Shops/Land which defaulted on mortgage/loans taken from banks.

Documents Required

1. One should make sure that the following documents are in place before purchasing the Flat/Shop/Land:-Building permissions from CIDCO/NMMC (CC, OC, Sanctioned Plans)
2. Society Formation/Registration Documents
3. CIDCO Conveyance Documents of the Society
4. CIDCO approved List of Members of the Society (This list is approved by CIDCO on its letterhead before the Conveyance application of Society is Processed by CIDCO.
5. CIDCO Final Order in Favor of the Society
6. Mortgage NOC obtained by defaulting owner from CIDCO
7. NOC from society allowing the bank to repossess and sell the flat
8. District Magistrate Court (Collector) Order for foreclosing the loan and repossessing the flat/shop issued under SARFAESI ACT and Rules
9. NOC from CIDCO for selling the flats via Auction (To be obtained by the Bank from CIDCO)
10. Once these documents are available, one can bid in the online auction of the bank.

Banks do not have adequate legal documents

Our experience shows that most banks do not display any of these documents online and they do not maintain any of the documents at the site of the flat/building.
They lure buyers to their office on the pretext of showing documents. They will not allow you to take copies of the documents and will tell you to find out CIDCO approvals on your own.
This only means one thing : That the documents are not complete. Almost 100% of the banks do not have the CIDCO NOC for selling the flat. They lure buyers with false and fake promises and ‘as is-where is’ condition.And most of the people who do not have any knowledge of the process, end up buying a problem property and repent later.

After winning the bid/Auction

On winning the bid, the bank issues a certificate of sale (a letter on the letterhead of the bank stating that you have won the bid and paid the money)

Once the certificate of sale is issued, it is then registered along with a sale agreement at the Registration office of the Revenue Department. Stamp Duty on the Auction Price or the Ready Reckoner Rate (whichever in higher) has to be paid. Registration charges also have to be paid.

After that the winning bidder has to approach CIDCO with a full set of documents and affidavits and NOCs and obtain the CIDCO NOC for the sale. If the payment is without a loan or in one shot, then CIDCO will issue a Final order directly, or else one will have to obtain a CIDCO NOC for availing a bank loan after part payment, and then apply for a Final order after making the balance payment via Loan Disbursal. Final order will have to be obtained from CIDCO after execution and registration of the Sale Deed.

Illegal terms and conditions imposed by banks/As-is-where-is pre-condition

In a new development, PNB bank sold a property worth crores via Bank Auction by making the buyer sign a ‘as-is-where-is’ clause. The High Court has ruled that all such clauses are illegal…and if there is any legal title issue pre-existing, the bank cannot shrug its responsibility on the basis of ‘as-is-where-is’ clause. PNB had to refund the entire amount.