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 context of Heirship certificate procedure in Maharashtra :
WHERE TO FILE
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.
When someone passes away, their Heirship 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.
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.
