How to get the funds/wealth left by parents legally after their death if without will/other documents?(intestatte)


Many are not aware about the procedure to be adopted for getting the funds/wealth left by parents without a will or other documents. The Importance of Death Certificate lies in getting heir-ship Certificate, Claim of Family pension, Insurance, etc.

In order to throw some lights on it, the following advice are given:
First it is necessary to get death certificate from the concerned corporation/municipality etc:

How to get it in Bangalore:
The online registration process of the BBMP helps one obtain a first free copy of a digitally signed certificate within 21 days since applying for it. Extra copies are available at a rate of Rs 50 for one copy and Rs 10 thereafter. There are 48 registration centers across the city, including 37 member of health (MOH) offices, six BBMP referral hospitals and five major government hospitals.

How to get it in TamilNadu:
The person who wants to register birth and death has to inform the Town Panchayat office in the prescribed format. In case of Death registration, we have to give certificate from the Medical Officer who done the treatment for the patient.

Concerned Authority
In Municipalities, Corporations and Special Village Panchayats (Town Panchayats), the concerned local bodies undertake the registration of deaths. In Village Panchayats, the responsibility for registration of deaths is with the Revenue Department and the Village Administrative Officers in the Village Panchayats are the Registrars of Deaths.

Deaths taking place in a medical institution will be intimated for registration by the institution directly to the registering authority.
When death has taken place in the house, the head of the family or the nearest relative of the family will have to register in the prescribed format along with a medical certificate.

Beyond the prescribed time limit, if a registration is done, it is accepted with a payment of penalty upto a period of one year. If a registration is to be done beyond the period of one year, it will be registered only on receipt of a judicial order from a Magistrate and with penalty.

Procedure
In rural areas, the Register of Deaths is maintained in the Taluk office for two years and is then transferred to the respective Sub-Registrar’s Office. Hence, in rural areas, the Death Certificate can be taken from the Taluk Office within two years and thereafter it has to be applied for in the Sub-Registrar’s office and obtained.

In Town/ Municipal areas, the Registers of Deaths are maintained by the respective Town/ Municipal Office.
The forms have to be asked for in the above offices and obtained.
The online portal of TamilNadu is given below:
http://www.tn.gov.in/services/servicewise.html

Without death certificate, the funds of deceased cannot be obtained especially when they die without a will or will made was not locatable. One we get a certificate, ideally all the natural heirs of the deceased should list out all the investments including gold and outline a strategy how to share these investments among the legal heirs. It is easy to divide the fixed deposit, insurance policies, gold etc. But there may be difficulty in getting the land/house divided among the legal heirs if there are preferences and some dispute about valuations. In that case, it is better to sell them off based on agreed percentage specified in deed of agreement between legal heirs on all assets and liabilities.

Application can be made for legal heir certificate from the concerned local authorities who issues death certificate. Before applying to him, the details of legal heirs can be notarized and submitted to the authorities for issue of legal heir certificate: The model is given below:

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 Age
Deceased person
– — ———————— ——————————- ——————— ——————- —–
——————————– ——————————- ———————————- ——–
I request your kind authorities to issue us legal heir certificate at an early date.
Thanking you,
Yours faithfully,
( )
Encl: 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.
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. Names Age Relationship with the deceased Status (married/unarried)
1
2
3
4
5
I further submit that the above mentioned are legal heirs only.
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.
DEPONENT
Sworn and signed before me on this
………..day of ……..month ………
year at ………..place.
NOTARY

If there are many heirs to the property and dispute is there, then they have to approach the court and produce necessary documents including death certificate to get a succession certificate.

After obtaining the legal heir/succession certificate, the legal heirs should prepare a valid agreement to show the method and % of allocation of assets and liabilities for various assets/liabilities with two witnesses. Also the said agreement should specify who will collect the money on behalf of legal heirs. Then the responsible nominated heir have to approach financial institutions/other agencies where the investments are kept and demand payment after fulfilling the formalities. The nominees gets priority over any other person including legal heirs if nominees are given in the investment documents.

Venkata Ramani

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5 thoughts on “How to get the funds/wealth left by parents legally after their death if without will/other documents?(intestatte)

  1. after my fathers death,please give me proceedure of getting heir certificate, death certificate to obtain & give me a list of attached documents, and where this documents submit and when give me these certificates.

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