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Obtaining a registered document for an intestate property

(Querist) 08 July 2015 This query is : Resolved 
Our family ancestral property left intestate by our grand father is without DEED since it is lost. 12 heirs to the prop needs to arrange a heirship certificate and document. What are the procedures and are we to approach court or the local tahsildar office for the same?
All heirs are the grand children. The parents (children of grandfather) no one is alive.
The property is in Kerala.
Jayashree Hariharan (Expert) 08 July 2015
please file a case in the court for legal heirs certificate
P. Venu (Expert) 08 July 2015
It appears that the facts are not properly expressed; so also, queriest has misunderstood the term "intestate" (not interstate) which means died without making a will.

If the property is immovable i.e. landed property, a copy of the deed could be procured from the SRO through a document writer and if there is no dispute among the grand children, partition deed could be executed. If there is no consensus, then the best option is filing a suit for partition.
Kumar Doab (Expert) 08 July 2015
A very simple and effective way has been suggested by Expert Mr.Venu.
Dr J C Vashista (Expert) 09 July 2015
1. Whether the property owned by your grandfather (who is stated to have died intestate-i.e., without making a will) for his share, was his self-acquired or ancestral?
2. What sort of "Deed" do you search from the records of Sub-Registrar Officer, even if the property is self-acquired by deceased? What is recorded in the revenue (Patwari) records qua the title of property? Be specific.
3. LR certificate of deceased is issued by area SDM, approach, as per prescribed procedure through a local lawyer, if you feel some difficulty.
Accordingly, I slightly differ with the opinion and advise of the experts.
Rajendra K Goyal (Expert) 09 July 2015
Agree with the expert Dr J C Vashista ji.
P. Venu (Expert) 09 July 2015
The suggestion was given in the state of affairs in Kerala where every property is covered by a document is covered by document of conveyance, either that of transfer or inheritance. In the latter case, there always would be deed of partition or of family settlement. The author himself mentions of a document but it has been lost. Certified copy of the deed could be obtained through the local document writer.


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