succession certificate
k.v.s.mahesh
(Querist) 17 March 2010
This query is : Resolved
my father and mother expired in 2008. my grandmother(father's mother) is alive , and i have one younger sister. we are two children for my parents.my sister wants me to take possession of my father's and mother's properties.my question is whether my grandmother is also legal heir of my parents.who are all legal heirs in this case.how to proceed further for obtaining a succession certificate.do i need to take certificate regarding the number of children my parents had from the M.R.O (MANDAL REVENUE OFFICER).please advice me as soon as possible.
Parthasarathi Loganathan
(Expert) 17 March 2010
I faced the same situation only recently and totally concur with Siva's opinion. However I wish to supplement that the process of obtention of LHC can be facilitated only when there is an express consent from all the legal heirs and there are no disputes amongst the family members.
B K Raghavendra Rao
(Expert) 17 March 2010
If the property is self-acquired by and stands in the name of your parents, then you and your sister become successors to your parents' properties under Class I heir. If there are no class I heirs (i.e. you and your sister), then your grand mother would have become successor under Class II of Schedule to Hindu Succession Act. Question of your children comes after your lifetime.
For the purpose of obtaining succession certificate in the name of you and your sister, you need to obtain geneological (family) tree issued by competent authorities, sale deed by which your parents acquired the property, khatha certificate, khatha extract, extract of land revenue registers for houses and sites etc. Later, after filing the suit for succession certificate, the court requires you to issue an advertisement in the local newspaper calling for objections if any.
Raj Kumar Makkad
(Expert) 18 March 2010
I do agree with the opinion of all experts on this subject.
