Legal Heir Certificate

This query is : Resolved 

03 September 2019

My grandfather died in 1990 and my father died in 2014. My grandfather had 8 children 4 boys and 4 girls.
Now all our property is in "common patta" and all legal heirs i.e. my father and all his brothers' names are included in it.
When I approached the local VAO to change all our property into my mother's name he asked me to bring my grandfather's legal heir certificate.
When I said that out of 8 children of my grandfather only 2 are alive now. He said that then I need to attach the respective legal heir certificates of all the deceased childrens of my grandfather.
This is practically not possible as approaching my uncles' and aunts' children and grandchildren will take ages. Even if I approach them nobody will hand over their father and grandfather's legal heir certificate.
So what are my chances of getting my grandfather's legal heir certificate and converting our property from family's "common patta" into my mother's name???

rajeev sharma (Expert)
03 September 2019

First I presume that you are a Hindu. From your narration it is clear that your mother is not the only legal heir of your grandfather. She may inherit only that share of the which belonged to your deceased father. If you want to get the complete property in the name of your mother you will have to have no objection of all the coparceners

kavksatyanarayana (Expert)
03 September 2019

Ji, as your grandfather had 8 children (including daughters) all of them with your grandmother have equal rights over the property of your grandfather. If you want all the property, all the legal heirs shall release/relinquish their rights to you. or file a partition suit in a court of law.

P. Venu (Expert)
04 September 2019

The practical option is to get a settlement or partition deed involving all the legal heirs.

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