Legal heir
OPPILAMANI G
(Querist) 04 January 2018
This query is : Resolved
Messages OPPILAMANI G 04/01/2018 16:12:41 Sir, My brother out of our family from 1980 was living with 3 ladies at Chennai Vandalur,one after another and came to his native place at the fag end of his life and died at Ariyalur on 10-4-2017. Death certificate obtained at Ariyalur. First two ladies left him in 2003 itself after executing Marriage cancellation deed duly registered in the Sub-registrar's office. The third lady living at Vandalur applied for legal heirship crtificate from the Tahsildar, Vandalur where the deceased lived in his own house. The Tasildar rejected her request for legal heirship on the ground that the deceased was living with three ladies from 1980 to 2017 and the present lady(third) has no right to call her as legally wedded wife as the second lady has left the deceased in 2003 after executing marriage cancellation deed but legal separation order obtained by the third lady before marrying the deceased in 2003..The Tasildar has directed her to approach the Civil court for certificate in Aug,2017. Till today she is not approaching the Civil Court. At the native place of the deceased there are ancestral landed properties, patta records are standing jointly on my name and the deceased even though he never turned to Ariyalur, native place for nearly 37 years. We both never earned any properties and myself looked after the affairs of ancestral properties. The third lady is not prepared to approach the civil court for legal heir ship certificate as she is not having any divorce orders from the court permitting the deceased to marry.a third lady. What is the remedy available to me being the only male brother of the deceased to delete the name of the deceased from the Joint patta.and can I apply for II class legal heir ship ceretificate. As the landed properties are at Ariyalur Where I have to apply for as such for deletion of name in the records or for legal heir certificate.either At Vandalur or at ariyalur. kindly guide me
P. Venu
(Expert) 05 January 2018
Ancestral property? Who are the coparceners? Anyhow, if anyone claims to be the wife of your late brother and hence a legal heir, the onus rests with her to initiate appropriate proceedings at her discretion.
Dr J C Vashista
(Expert) 06 January 2018
Fabricated stories should be posted to your tutor.
Guest
(Expert) 06 January 2018
Mr. Oppilamani,
You should give clear information, what exactly is the case with legal heir heirs history of your brother, as living with ladies and living with wife are two different legal issues. Also, intimate,
Further, the Tehsildar has no concern whether your brother was living with 3 ladies or with one lady only. He should have the main concern about the legal heirs of your brother for the purpose of grant of legal heir certificate.
Kumar Doab
(Expert) 23 May 2018
Same Query;
http://www.lawyersclubindia.com/forum/Illegal-wife-and-her-rights-on-properties-of-151376.asp
Kumar Doab
(Expert) 23 May 2018
And;
http://www.lawyersclubindia.com/forum/Correction-of-death-certificate-155674.asp
http://www.lawyersclubindia.com/forum/Ownership-of-properties-on-the-death-of-a-person-without-any-will-155280.asp
