Succession of property from deceased unmarried brother.

sandeep sharma (Querist) 08 July 2016 This query is : Resolved
i want to claim compensation through civil writ from govt for acquired land. In khatoni one of my brother who was also shown as owner is now deceased unmarried. father and mother are also no more. our faith is hindu. in addition to my own claim i also want to claim my share in my deceased brother's portion. i have his death certificate. whether any other documents will also required to annex with the writ like survival certificate / succession certificate etc. ? or death certificate is sufficient ?

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Kumar Doab (Expert) 08 July 2016
Obviously ClassI legal heirs are not present.

SO ClassII legal heirs shall come into picture and share the wealth.

You may contact the authority under whose jurisdiction property falls and inquire about the process and forms etc that are required.

The authority may ask to obtain legal heir certificate and it may be issued by tehsildar.

sandeep sharma (Querist) 08 July 2016
whether legal heir certificate is sufficient and must for annexing with writ petition

Rajendra K Goyal (Expert) 08 July 2016
Local procedure may differ as per requirements of local Office.

Discuss with local lawyer and show him all related documents.