SUGANYA (Spouse) 06 July 2014

Legal heir cancellation

I want clarification on legal heir

My mother died on 2003, is am the only daughter .At the time of my mother’s death is was 16 yrs. old, My mother owned a property of 5100 sqft by purchase. Thasildar has issued a legal heir certificate during 2007 noting my name and age 19th and my grandmother age 70(my Mother's mother). I want clarification whether it can sale the property without the consent of my grandmother. If my grandmother makes any problem is there any possibility’s to remove her name from the legal hiership through court of law or collector concern dist. (out of Chennai).

Kindly advice

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4 Replies

Kumar Doab (FIN) 06 July 2014

It is believed that deceased lady was Hindu and has died without leaving any will.

As per Hindu Succession Laws in case of female Hindu dying without leaving any WILL the following shall apply:

1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .

I If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

In case of any difficulty you may approach and consult a local lawyer dealing in such/revenue matters, with property/ownership records, legal heir certificate.

SUGANYA (Spouse) 07 July 2014

Thank you for your response

You have given a general ruling, But my points are not clarified i do not know the advocate who is well versed with legal heir ship

and revenue matters. We are Hindu family and I am married and having Daughter with 5 yrs. My mother purchased house site during 1986 from her own sources, she died in 2003 I am the only Daughter of her,

I have no brothers and sister. As per the Legal heir certificate My grandmother (Mother's Mother) who has son's and daughter's wants Share from the said property,

As such Property was purchased my mother ther is no point to give her any share. now i want to sale the property.

i want to know whether the My grandmother has to sign the sale deeds is there any way to remove her name from the Legal hiership through the court or Dist collector

Kindly clarify only on these points and Suggest me the advocate I am Middle class family

Regards

Suganya

Kumar Doab (FIN) 07 July 2014

Hindu Succession Act; Sec15(1)…………

If a Hindu Female dies intestate leaving property, her property will firstly devolve upon her sons and daughters so also the husband. The children of any pre-deceased son or daughter are also included in the first category of heirs of a female Hindu;

The local lawyer can guide you further.

You have to find your lawyer on your own, and settle your terms with your lawyer also on your own.

If you wish to avail the services of a lawyer thru data bank of LCI you can conduct search at options given by LCI...............................e.g.:

https://www.lawyersclubindia.com/lawyers_search/#.U7pMGZSSwb8

Rangee (Lawyer) 18 July 2014

It is most unfortunate that the name of your Grand Mother has been entered in the Register of Rights or made as legal heir along with you for the property. You may file appeal to District Collector duly engaging lawyer under the provisions of Madras Revenue Act and get cancelled the name of your Grand Mother. Alternatively you may file suit in the court claiming exclusive rights since the property is purchased by self earned money of your mother. Please seek advise of good lawyer and go ahead.

R. S.K.Singh