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Saha (worker)     11 August 2014

Legal heir Issue

Sir, I got married in 1990 and we are R.C Christians(Tamilnadu). My husband bought 4 acres of land by selling my jewels that I brought from my family in 1992. My father in law divided his property among his 4 sons including my husband in 1998. All the four sons are married and are living with their family separately from that time onwards, and my husband's father and mother are living with their youngest son who is also economically well off. Besides, my father-in-law is running a cement agent shop which is purely our own. They did not bother about our 4 acres at the time of dividing the property since it was bought by us. We (my husband and myself) have spent a lot of money on legal issue for that land for the last 20 years and now it is about to be over in favour of us. Meanwhile my husband died last year due to  heart attack. I have got two daughters and one son all are more than 18 years old and none got married so far. After my husband's death, we got legal heirship certificate. My husband's younger brother who came with me to the Taluk office insisted that with my name and with my son's and daughters' names, my husband's father's and mother's names also be included in the certificate and it was done so. At that time we were in good terms. But at present my father-in-law and his other sons are not in good terms with my family. Since I am in dire need of money for daughters' marriage, I want to sell our 4 acres. How can I sell it?. Can I sell it without my father-in-law's consent/signature since his name is in the legal heir certificate? Also he is now claiming  that even that 4 acres must be divided into 4 parts for the 4 brothers.  What can I do sir? I am in a dilemma now. Sir, Kindly give me your able guidance.

Regards, Saha.



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 2 Replies

sparrow (Apprentice)     11 August 2014

There are two things which are crucial:

1) the property was bought by your husband and therefore is not the part of joint family property to which your husband was the part.

2)  Since your children and you are the 1st  degree of legal heirs their claim to the property is 1st even if your father-in-law's name is their in legal heir certificate.

Rangee (Lawyer)     15 August 2014

You committed a mistake in listening your brother in law at the time entering the name of your father in law and mother in law in the Record of Rights of Revenue Department. Without the signatures of in laws you may not be in position to sell the land, however as suggested you and your son and daughter are class I heir consult a good lawyer and obtain legal heir certificate from court for selling the land. 

R.S.K.Singh


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