Legal heir

Guest (Querist) 01 July 2015 This query is : Resolved
We have some property in tamil nadu which is my grandfathers seif acquired property. he deceased few years ago without leaving any will.
MY Grandfather
____
/ \
First wife Second wife
(Deceased) (Alive)
____ _________
/ \ / I \
Son Son Son Son Daughter
Dead) (My father)

my grandfather had his second marriage during my grandmother was alive. Now in the legal heir certificate my father ( first wife son) has included his step mother name in legal heir certificate. because of that she is not letting to divide the property from past 6 years. so from past 6 years my father is taking care of the agricultural property. before that from my grandfather's death, the second wife second son had taken care of the property for 5 years. till now they are not letting to divide the property.
Now they wanted us to sell the property before partition for which we agreed. As her name is first in legal heir certificate, they tell we have to transfer all the property to her name first. Now we got to know that they are planning to transfer the property to their name and to betray us... from past 6 years my father is asking them but no good things happened till now. she also scolds the ppl who come to work in our land. and also us ( My mom, me and my sister) that we are doing prostitution to earn our daily needs. Is there any way to get affidavit and get her name changed in legal heir certificate.

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adv. rajeev ( rajoo ) (Expert) 01 July 2015
Second wife is not entittle to claim any share, her sons and daughters can claim their share in the share of their father along with other legal heirs of their father.

Guest (Querist) 01 July 2015
But her name is first in legal heir certificate. Can we make any possible moves to remove her name. In legal heir certificate her children name and my father name is included. What can we do with her name.

Kumar Doab (Expert) 01 July 2015
Consult an able local lawyer dealing in property/family/civil matters and show all of the documents on record.

Your lawyer may opine that partition deed is the option and it shall take care of all defects.

Rajendra K Goyal (Expert) 02 July 2015
You can file case of partition and prove in the court that she married during life of first wife and hence has no share in the property. Her name at first position on legal heir certificate would not effect the claim. Meanwhile, prey the issuing authority to issue correct legal heir certificate in place of deficient one.

Consult local lawyer.