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Bala   22 November 2016

Legal heir for legal heir rights

My father died in a accident in 2006 and we got legal heir certificate for his "self earned property" with my mother, myself, 2 sisters and grand mother as legal heirs each having equal share of 20%.

In 2012, we intended to develop the property and given all of us including my grandmother given POA to one of my sister and she used the same to get approvals etc to construct 4 apartments in that property.

In the meantime, my grandmother passed away intestate in 2013. Since the POA is not valid, we cancelled the POA to claim back our rights to register sale deeds to prospective buyers.

Now, do we need to get another Legal heir for my grand mother for her 20% (remember, she has given POA during her life) or the original legal heir rights of my father changes to 25% for each surviving legal heirs.. Pls clarify.

Some banks says death certificate is fine - others say we need to get legal heir which is cumbersome as we lost touch on her branch - my aunts who are already dead



Learning

 1 Replies

Kumar Doab (FIN)     22 November 2016

It is believed that you are Hindu.

Confirm.

The grandmother's share shall devolve upon her legal heirs.

Legal heir certificate is issued by tehsildar.

You know the procedure.

POA if invalid and if cancelled has lost its significance.

THe death certificate and legal heir certificate may be submitted to the authority under whose jurisdiction property falls for updation of inheritance in mutation records .

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