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Prakash Kumar (Retired)     19 February 2014

Clarification on legal heir

My father died recently at the age of 92. His wife died 15 years back. He has five children. The eldest is a daughter followed by two sons again a daughter and the last one is a son. The children are aged between 67 and 45. His eldest daughter was married in 1968 and the second daughter was married in 1975 and both of them are settled in their lives.

 

 

            All the three sons are married. My father divided his ancestral properties among his sons and himself. The second son got his preferred share and got himself discharged from the family by giving a letter. The last son lived with my father till the end. The eldest son was associated with the family affairs throughout. My father gifted/willed his share to the eldest and youngest sons recently. The eldest and youngest sons are only looking after the litigations in respect of the properties. As legal heir certificate is required to continue the litigations, kindly enlighten whether it is advisable and correct to get the legal heir certificate only to the eldest and youngest sons as the other children are in no way connected with the affairs of the family by declaring the facts in an affidavit to be enclosed with application to get the legal heir certificate.



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 1 Replies

Kumar Doab (FIN)     19 February 2014

Legal Heir certificate shall be issued naming all legal heir.

The deceased has already partitioned the ancestral property and has also given his share by WILL.

The respective owners  are now owners of the property (their share) and it should have become their self acquired property by now.

If one person is to be authorized to handle the affairs then power of attorney can be one of the options.

However it shall be proper to show all documents and records to a local lawyer specializing in such matters.

The lawyer that has seen all documents  and has analysed the inputs can advice you the best.

 


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