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Author Topic: Legal Inheritance  (Read 833 times)

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Offline nsatish4

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Legal Inheritance
« on: July 21, 2015, 07:29:24 AM »
I am an American Citizen (NRI).  When my Mother passed away in 1990, my Father came to live with me and eventually became a US Citizen.  My Father and I both hold OCI cards.

My father passed away intestate in 2013 and I am his only surviving Son and Heir.  The Tahisildhar's office in Kerala is questioning whether I can obtain a Legal Heirship Certificate since my Father was an American Citizen and has refererred the question to the General Pleader's Office.  The case is under review by the GP office for their opinion.

My Father has property in India that he obtained through inheritance and through family acquisitions (purchases) when he was residing in India.  He also has a bank account that has his and my Mother's pension money. 

I currently hold a Legal Heirship Certificate for my Mother listing my Father and I as her Heirs. I also have a List of Interested Persons naming me as the sole Heir, and this document was registered in the Maryland Circuit Court upon his passing.

The Bank in India is asking for a Legal Heirship certificate to release his pension money into my NRO Account.  Kindly provide your valuable advise.

Offline advkhanna

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Re: Legal Inheritance
« Reply #1 on: July 27, 2015, 02:03:19 AM »
why don't you apply for succession certificate, by producing your parents death certificate.


Offline nsatish4

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Re: Legal Inheritance
« Reply #2 on: August 01, 2015, 03:40:16 AM »
Thank you for your response.  It appears that they will issue the Legal Inheritance certificate.  I will file for the Succession Certificate if there is any issue with the Legal Inheritace Certificate. However, Getting a Succession Certificate costs some money (1 % of value) and it also takes time.  It also needs you to appear in court.

In any case, I may eventually do that since it is a better way to establish your heirship than with a Legal Heirship Certificate.


Thanks again.

 

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