Need to apply legal heir certificate - issue in 2 names

Preethi (Querist) 04 November 2020 This query is : Resolved
Hi, I'm Preethi here.
We are in urgent need of selling our property at Trichy (Tamil Nadu) in my mother's name who was deceased 8 years back.

Our Remaining family members (my father, my brother and myself) are willing to apply for legal heir certificate for selling the property which has 2 separate documents and purchased separately in different years.

My father is having 2 names in which 1 name is only registered officially for all his proofs like voter ID, pan card, aadhar card.
But me & my brother have the unofficial father name in our Birthday certificates.
In my mother's proof (voter id) also the unofficial name is only given.

And regarding the two separate property documents which is in my mother name, they have registered the unofficial father's name in one of the document. ( as her husband)

We are under confusion in applying for legal heir certificate for 3 of us with my father's 2 names confusion.

Please provide the solution for this.

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Guest (Expert) 04 November 2020
An Affidavit declaring the facts would suffice in your matter . If at all the Buyer is particular an News Paper Publication regard to this could be made.

Rajendra K Goyal (Expert) 04 November 2020

Property first has to be transferred in the name of legal heirs.

Your father may swear affidavit that both are his names, give the news paper advt. with publication in official gazette.

After this may proceed to get the transfer in the name of legal heirs.

If there is difference in names, and above process does not work for transfer in the name of legal heirs court orders may have to be obtained. It may take years.

Guest (Expert) 04 November 2020
Mr.Rajendra K Goyal the No 1 in Hall of Fame should Justify his statement that Court Orders will take years especially in this Query.

Guest (Expert) 04 November 2020
Though the Suit is not mandatory for this Declaration even if the suit has to be filed it could be completed in maximum three month by an Practicing Advocate and what made Mr.Rajendra K Goyal to state that it will take years. Please Justify

krishna mohan (Expert) 05 November 2020
Since property is in your mothers name who is no more, all of you as legal heirs can jointly approach local revenue officer with all original documents in the custody to issue the legal heir certificate. For the sake of consistency you can consult a local lawyer on name change for right advise. Alternatively he can gift his share to both of you so that family settlement could be reached through an agreement legally drafted and registered.

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