Legal heir certificate

K BASKAR (Querist) 10 June 2016 This query is : Resolved
Sir,
My father died. My mother living to me.My brother was working in commercial tax department as junior assistant. He died in 2005. He was not married. I am a bba graduate. Now i got the job in 2011 and till am working as JA. My service not regularised till now. My department have asked me to submit the legal heir certificate. I apply legal heir certificate to taluk office. But the thasildar told to me your brother not married. So, mother only the legal heir to your brother. You are not eligible for legal heir directly. So, can i get legal heir certificate through the court.

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rajagopal.s (Expert) 10 June 2016
Hi
In your case, you and your brothers are the legal heir to your father and mother.

With reference to your brother, only your mother is the Class I legal heir of your brother.
You are still a legal heir (class II). Please move the court

Kumar Doab (Expert) 10 June 2016
It is believed that you are Hindu.
You may however confirm.

Why your dept. has asked to submit legal heir certificate?

The ClassI legal heirs of your father (if hindu) are:

spouse, children, mother

Likewise The ClassI legal heirs of your brother (if hindu) are:

spouse, children, mother

Since he was unmarried and did not leave behind a wife and child(ren) his mother (and your mother) is ClassI legal heir and has first right on estate on your brother.

You are not ClassI legal heir of your brother hence you will not get legal heir certificate. Has your mother been not alive you would have got ClassII legal heir certificate.

You are ClassI legal heir of your father.

Kumar Doab (Expert) 10 June 2016
It may not be required to move the court for legal heir certificate.

You may find the posts/citations in following thread useful:

http://www.lawyersclubindia.com/experts/Employees-compensation-act-1923-598516.asp

Rajendra K Goyal (Expert) 11 June 2016
It is correct that your mother is only the Ist class legal heir of your deceased brother in the given conditions.