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How To Remove Name From Legal Heir Certificate

A legal heir certificate, or successor certificate, is a legal document. It says who will inherit a property or asset after the owner’s unexpected death. The legal heir can be the deceased wife, child, father, mother, or sibling. 

This document is very crucial in determining who will get the property after a person’s death. Even if someone sells the property, the legal heir or heirs (if there are more than one) should sign a deed. This is to avoid future legal battles. 

This is how important a legal heir certificate is. So, if you wish to remove a name from this certificate or make changes to it, here are some ways to do so. 

In Tamil Nadu, removing a name from the legal heir certificate is not that easy. This certificate shows your right to a property. So, take this matter seriously. If you think there have been errors and your name should be removed, you can apply to the tahsildar. Ask for it to be removed. 

Application to the Tahsildar.

First, you should write a formal letter to the tahsildar. In the letter, ask to have your name removed from the certificate. Ensure you draft the letter respectfully and professionally. Clearly explain why your name should be removed from the certificate. 

Application Content

The request letter should include the following details:

  • Your name and contact information.
  • Legal heir certificate number and the name of the deceased.
  • A clear explanation of why your name should be removed from the certificate.

Attach supporting documents.

Be sure to attach the needed documents. They support your claim to remove your name from the legal heir’s certificate. Below are some mandatory documents that you should attach with the request letter. 

  • Copy of the legal heir’s certificate.
  • Copy of adoption papers (if you were adopted and were mistakenly included as the legal heir)
  • You need to provide a copy of a court order if the court has removed your name. Or, you can provide a settlement agreement about inheritance.
  • This is a copy of a relinquishment deed. You use it to give up your inheritance rights. This document is optional. 

Submission and Follow-up.

Before submitting, reread your letter and check for any flaws. This is an official letter. Make sure it has no mistakes. Also, ensure that the submitted documents are true. 

After submission, the Tahsildar might approve your request in about 2 weeks. Sometimes, it might take longer if any clarifications are needed. So, be patient and go along with the process. 

If the Tahsildar’s office makes no progress, you can ask an advocate for help. They can send a representative of the same authority to take action. You can also petition the High Court of Madras to look into your issue. 

Decision and issuance.

After checks, your Tahsildar will approve your request. They will then remove your name from the legal heir certificate. After that, you won’t have any claim over the property after the owner’s demise. 

Yes, you can make corrections to the legal heir’s certificate. Below is the nature of the corrections you can make and the procedure to correct them. 

  • If there are errors on the certificate, someone added your name by mistake. Or, they added someone else’s name, or there are any typos. 
  • If any heirs were missing from the certificate, you can request the Tahsildar office to add them. 

Process to make corrections in the certificate

  1. Contact the Tahsildar office in your locality and inform them of the issue. 
  2. They will ask you to write a request letter. Explain clearly what corrections you want to be made to the certificate.
  3. The office will review your request and give approval. 

In Tamil Nadu, a legal heir certificate has no expiration date. The certificate’s details must be right. You must be proven as the legal heir. If so, you can inherit the property, even if it is years later. 

However, it is best to ask your area’s Tahsildar office. See if they have age requirements for the certificate. You can then proceed based on the information you gather. 

Conclusion

You need a legal heir certificate. It proves to the government that you are the rightful heir of a property. If you wish to remove your name from the certificate, be sure to thoroughly check it. Be sure of your decision. 

If you have any concerns or doubts, it is best to consult a lawyer before taking any steps on your own. Your lawyer can verify the certificate and tell you how to proceed further. 

FAQs

1. How can I make corrections in the legal heir certificate?

Here are the steps you need to follow if you wish to make corrections to the legal heir certificate.

  • Contact the Tahsildar office in your locality and inform them of the issue. 
  • They will ask you to write a request letter. Explain clearly what corrections you want to be made to the certificate.
  • The office will review your request and give it approval.

2. How many days will it take to get a legal heir certificate in Tamil Nadu?

It will take around 30 days for the Tahsildar office to verify and issue your legal heir certificate. You can contact the associated officer and follow up if it delays any further. 

3. What details should be added in the request letter for name removal in the legal heir certificate?

The request letter is for the name removal in the legal heir’s certificate.

  • Your name and contact information.
  • Legal heir certificate number and the name of the deceased person.
  • A clear explanation of why your name should be removed from the certificate.

Ensure your tone is polite and you clearly explain what you need from the Tahsildar office.