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.
Incase of property located in Municipal Corporation (City)
The Heirship application has to be filed before a Metropolitan Magistrate (Civil Judge Junior Division) incase the property purchase price was less than Rs 5,00,000 (Five Lakh rupees),
Incase the property price was more than Rs 5,00,000 (Five Lakh) when purchased (by the deceased), the application for Heirship has to be filed in the District Court (Sessions court ) of the district where the applicant is ordinarily resident.
| Purchase Price of Property | Jurisdiction |
| Below 5,00,000 (Five Lakhs) | Metropolitan Magistrate (Junior judge Civil) |
| Above 5,00,000 (Five Lakhs) | District Judge ( Sessions Court of the District) |
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 Flat/Property by deceased | Court fee |
| Upto Rs 2,00,000 | Rs 13,000 |
| Above 2,00,000 upto Rs 5,00,000 | 7.5% (of the amount above 2,00,000 ) |
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.
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)
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. But that’s a hit or a miss.
Court fee payment schedule :
Court fee at time of submission : Rs 4 per page (If 10 pages then Rs 40)
Full Court fee is only payable once your application is approved by the judge.
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 :-
- Adhaar Card and Pan card of all parties (including the deceased person)
- Death Certificate of the deceased person
- Society Share Certificate
- Electric bill
- Copy of Sale Agreement (attested as true copy by Notary)
- Valuation report (Obtained from a Chartered accountant or govt registered valuation agent)
- Ration Card
The Application is typed and submitted in court as a Miscellaneous Application 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
COURT PROCEDURE STEPS
- Submitting the application as a miscellaneous application (called plaint in court language) along with Court Fee Stamp of Rs 70 (pasted on the back of the front page of the application)
- 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.
- List of Documents being submitted with the application (Aadhaar, pan, society Share certificate etc.)
- Memo of address
- Jahir Notice (Newspaper notice in 2 local newspapers inviting any objections from anyone within 30 days)
- If no objection received, demand letter for payment of Court Fee (as per valuation)
- Payment of Court Fee
- Jahirnama (Heirship order issued by court)
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 its representatives to check with the society people and your neighbors about your antecedents and submit a report to the judge.
Once all this is over, you will be asked to pay the court fee in the form and manner required by court and after that the Judge will issue your Heirship order.
The Entire Procedure should take 4-5 months, if the person/advocate is following up regularly.
Powers 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.
So to sum it up : Heirship certificate does not make you an owner of a property. It only gives confidence to a third party to deal with you regarding affairs of a dead person. Third party is assured that he/she will not be held liable for dealing you. Its just like insurance for third party incase anything goes wrong tomorrow. A person holding an heirship certificate can still be sued by another claimant/heir apparent, and his heirship certificate can still be cancelled by court.
FOR MUSLIMS
Sunnis : Muslim heirship is determined as per law of Sharia. And shares in property are fixed in certain ratios depending on various factors like number of children, whether boy or girl, whether husband or wife of deceased. Generally, males receive twice the share of females (depending on various factors). A Muslim person cannot make a will for more than 1/3 of the property while he is alive. He or she is free to gift (hiba) any share to anyone, while he or she is alive. But a will (vaseehat) cannot be made for more than 1/3 of the property while he is allive. After his or her death, the law of Sharia will determine share of all heirs.
For Shias the ratio is different.
CONTACT US FOR ALL YOUR HEIRSHIP CERTIFICATE REQUIREMENTS IN 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@sky-properties.in | |
| Mobile | 9987452642 |
| Services Provided | 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 |
