Detail about heir certificate
murugesan
(Querist) 23 November 2018
This query is : Resolved
my father was died on dec 2009..my father heir certificate contain my mother name,sister name,my name and my grandmother name..my grand mother died on 2015..my question is now my father heirship goes to whom..is there any chance for my father sisters..(already my grandmother and grandfather signed the property to my father)..
Isaac Gabriel
(Expert) 23 November 2018
Blood relations.ie yuor mother, your sister and yourself alone.
Kumar Doab
(Expert) 23 November 2018
Which personal law applies in your case?
Are you all Hindu?
Who was 1st title holder/owner of the said property (as in query) say; your grandfather?
Whats is exact date/month/year of death of title holder e.g. your grandfather and his daughters/
Were your father’s sisters married on as on date of death of their father?
What is the nature of said property in the hands of your grandfather/grandmother (title holder); self earned/acquired, ancestral?
Apparently the grandfather/grandmother in query is paternal grandparents!
By which valid/registered deed grandfather/grandmother have signed the property in the name of your father?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased i.e. your father, grandmother, grandfather and your uncles/aunties (legal heirs of deceased title holder/owner) left any valid WILL?
The property is in which state?
Do you have death certificate/legal hier certificate of all deceased Title holder/Co-sharers?
Has the death and legal heir certificate been submitted to O/o Authority under whose jurisdiction property falls for updation in mutartion redords? If yes, who has got share in mutations records as per copy issued by O/o Authority? What is the error noted by you or your counsel in mutations?
Confirm!
Kumar Doab
(Expert) 23 November 2018
IT is guessed that you are referring to succession of Hindu male/female in query!
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
If your father was Hindu then legal/heir certificate (as in query) should be correct!
As explained above the mother of your father has died after death of your father.Her share shall devolve upon her legal hiers as explained above. So her daughters should have a share from her share, atleast!
If all involved are not Hindu then refer to the provisions of personal law that applies.
Kumar Doab
(Expert) 23 November 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered (family) settlement after the WILL (or in case WILL does not exist) and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
Your father’s sisters are one of the legal heirs and you can enjoy your share and they can enjoy her share, as per provisions of npersonal law that applies and facts of the matter that you have not posted in full, as explained above. The share of any legal heir does not vanish with time. So IT is better to let everyone have each one’s share and rather settle the boundaries amicably and register the deed.
If possession of anyone’s share is denied or prevented then any Co-sharer can claim even mense profits.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
This SIMPLE and virtually Cost FREE procedure.
Kumar Doab
(Expert) 23 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
If stakes are high in matter posted by you, and you are not properly informed then you should not hesitate to engage a very able counsel/Law firm specializing in such matters. The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
Dr J C Vashista
(Expert) 25 November 2018
Share of your grandmother shall be inherited equally amongst her LRs i.e., her son(s) and daughter(s).
murugesan
(Querist) 27 November 2018
my grandmother and grandfather already signed the property to my father before their death...now property was my father name..now my father also died...right now who are the heirs of my father property..
Guest
(Expert) 27 November 2018
The children of the deceased (your Father ) and your mother would be the Legal Heirs who could only claim your father's property/assets.First apply for Legal Heir Certificate and Proceed.
SHIRISH PAWAR, 7738990900
(Expert) 23 November 2018
