Query on legal heir certificate
Chandrasekar
(Querist) 15 September 2011
This query is : Resolved
Hi,
We have a property which is in Grandma's name (Thru Will by Grandpa). My grandma is no more (1998). She had two sons. My father and his brother. After my granma' death, we did not get the legal heir certificate. By 2001, I lost my father too. After that we did apply for legal heir certifice of my father and grandma. My father's legal heir certifice is fine. But in my grandma's legal heir certificate, only my uncle's (Father's brother) name is present. My father's name is not there. In future, will it create any problem in getting my father's share.
(We have a patta on my, my mother and my uncle's name for the above property.)
Thanks & Regards,
Chandra
ajay sethi
(Expert) 15 September 2011
your grandmother died in 1998 and in 2001 your father died. it is only after the death did you take necessary steps for getting legal heirship certificate.
in the legal heir certiifctae the names of other legal heirs also ought to have been mentioned with that of your uncle .
but if you have the patta which shows name of your mother , yourself and uncle name in said property it may not create problems . but it is always advisable to be cautious
Chandrasekar
(Querist) 15 September 2011
Hi Ajay,
Thanks for the reply. "in the legal heir certiifctae the names of other legal heirs also ought to have been mentioned with that of your uncle."
Regarding this, When we approached revenue department official, he said only the alive persons' name can be included. Thats why we are little bit worried.
Regards,
Chandra
ajay sethi
(Expert) 15 September 2011
Heir-Ship Cases Register is prepared on the basis of the below mentioned factors,
1.An application to the Tahasildar by one of the heir along with his affidavit. The affidavit should contain the below mentioned details: a.The name of the deceased occupant or the name of the deceased “other right holder.” (“other right holder” means person whose name is entered in “other right” column of village form VII)
b.Date of death.
c.Names of the legal heirs.
d.Names of the heirs with whom land is in actual possession.(“Occupant”)
2.Death Certificate
3.A summary enquiry undertaken by the Tahsildar, through Talathi, to ascertain the legal heirs of the deceased, so far as may be possible.
Heirship case register creates no title. Any person, who believes that he too is a legal heir, is always be entitled to ignore Heirship case and institute appropriate proceedings before a competent court.
since your mother and you are also the legal heirs if your name is not mentioned you can move court if yo so desire
Raj Kumar Makkad
(Expert) 15 September 2011
You might not have insisted to insert the name of your deceased father as legal heir of your grandma in this certificate rather would have given the names of your uncle and yours and yours mother in place of your father. This can be got corrected even at this time as your uncle also seems in your side at this time so make him also as a co-applicant.
M/s. Y-not legal services
(Expert) 16 September 2011
Yes sir.. Legal heir certificate might be include the alive people's names only. But the deceased people's legal heirs names should be mentioned there.. Just apply for fresh legal heir certificate. If they denied mean just try to obtain it from court of law..
