Legal heir certificate doubt
vin
(Querist) 06 October 2015
This query is : Resolved
Dear All,
My father had passed away last year .
I had made a legal heir certificate from kerala (kannur district)
I got it within 2 months .
Now my query is that the legal heir certificate has my ,my mothers , my brothers and my grandmothers name (my father mother here) in it .
Now is it that the my grandmother will also have share in the property .
any way to get the name removed?
Or how can get the posseion of property for my family only i.e my mother ,me and brother ?
Anirudh
(Expert) 06 October 2015
Mother of the deceased (in this case your grandmother) is one of the Class-I heirs of your father.
Therefore, she is entitled to equal share along with other Class-I heirs (i.e. your mother, you and brother).
You will not be able to remove her name from the legal heir.
IF you want the entire property should be confined exclusively to your family i.e. your mother, you and your brother, then your grand mother has to give a Registered Relinquishment Deed, relinquishing her share in the property in favour of all the three of you. This is the only process whereby you will be able to secure the property exclusively to your family. There are no other ways.
You have to convince your grandmother to give you a Regd. Relinquishment Deed.
In case she does not agree, and if she dies, then her share will be inherited equally by her (a) sons and daughters (including the children of any pre-deceased son or daughter) and her husband (if alive).
vin
(Querist) 06 October 2015
dear anirudh ,
But we had already divided properties between my unlce and auntys (my fathers brother's and sisters ).
So u mean to say 25 % share will go to her ?
Anirudh
(Expert) 06 October 2015
Yes, she being one of the legal heirs of your deceased father, your grand mother will get 25% share from the property left behind by your father.
vin
(Querist) 06 October 2015
Does the name of mother by default come on the legal heir certificate .
If that is the case ,then my fathers brother's property will also have 25 % share to my grandmother .right ?
and then my father would be also having a part in it .
Means its like a loop.
Sorry ,but i am bit confused
Anirudh
(Expert) 06 October 2015
No. It is only when any son dies without leaving a WILL.
In the case of her sons, the question of inheritance of the property has not arisen, as they are still alive. In case she dies before any of her other sons then she will not get any share.
vin
(Querist) 06 October 2015
She might agree but i think one of my uncle wont agree with it .
what can i do in that case
Kumar Doab
(Expert) 06 October 2015
You have posted that the property has already been divided between your Father,Uncles,Aunties.
If the division was by a registered deed say partition/family settlement................and your uncles are alive............ then since only your father has deceased .......................your grandmother shall get equal share from your father property only.
Who was owner of the property (that has been divided between your Father,Uncles,Aunties)?
vin
(Querist) 06 October 2015
Dear Doab ,
The property here means different plot of land and homes which have been already divided between family members.
Now my father has one house on his name entirely through family settlement .
so i want to know about the possession of this house .
Will this still have to be shared with my grandmom ??
Kumar Doab
(Expert) 06 October 2015
It is believed that you are Hindu and the family settlement is registered.
The rights of successors are decided as per personal laws applicable to deceased owner.
Mother is ClassI legal heir and has equal share.
If the family settlement is registered then she has equal share in one house that was in the name of your father,and your uncle can not object.
If the family settlement is not registered then she has equal share (from share of your father) in all house/plots and your uncle can not object.
vin
(Querist) 06 October 2015
dear doab ,
As per your statement
"If the family settlement is registered then she has equal share in one house that was in the name of your father,and your uncle can not object."
It means that my grandmother will have to be given the share even when the family settlement was made that my father will be sole owner of one of the house .Because if my grandmother gets the share then by default my uncles and auntys would also get the share !!
Then whats the use of family settlement ??
Kumar Doab
(Expert) 06 October 2015
Mother is ClassI legal heir.
Since ClassI legal heirs (Mother, spouse,sons,daughters) are present they shall share the property owned by deceased Hindu male, equally.
Uncles and Aunties (Brothers and Sisters) are not ClassI legal heirs............therefore they will not get any share.
Beyond this, you may show all property related documents to an able lawyer specializing in family/property/revenue/civil matters................and the counsel that has examined all docs on record can clarify and advise you in person, and in best manner.
Rajendra K Goyal
(Expert) 07 October 2015
Well advised by the expert Anirudh, agree to it.
