How to prove heirship

Querist : Anonymous (Querist) 23 August 2023 This query is : Resolved
We are two brothers of 60+ age. We were brought up by maternal grand father. My father remarried and kept no link to us and we also not as he didn't care us. I had three uncles ( taya). Presently my father, step mother and uncles are no more. A property is held in Delhi which was allotted by rehabilitation corporation or purchased by my grand father. After retirement from my service and responsibility I went to see that property and found that part of property is held by one of my cousin brother's wife who is widow now and other part by tenants/ third party who bought property through gpa. I have no papers but it's sure that property belong to my grand father. Please advise me how can I get share and prove my Heirship.

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T. Kalaiselvan, Advocate (Expert) 24 August 2023
First of all obtain the property documents on the name of your grandfather and ascertain the facts by getting an encumbrance certificate as well as the revenue records of the property.
After that you obtain a proper legal heirship certificate from the revenue department o local civic body and then initiate the process for recovery or retrieval of your property

Querist : Anonymous (Querist) 24 August 2023
Thanks for your support and please advice how can I get legal heirship as my parents are not alive and cousins are not ready to recognize us.

Querist : Anonymous (Querist) 24 August 2023
Moreover we were brought up in haryana and property held in delhi. Please suggest. Thanks in advance.

T. Kalaiselvan, Advocate (Expert) 24 August 2023
Legal heirship certificate can be given for the legal heirs of the deceased person.
So the legal heirs of the deceased have to apply for the legal heirship certificate.

Querist : Anonymous (Querist) 25 August 2023
Sir thanks for your promt reply but still I couldn't understand how I get heirship. Please elaborate in details considering the following:
1. Property pertaining to my late grandfather.
2. My father and my uncles are not alive.
3. Widow of my cousin brother and tenants are living there and they aren't ready to recognize us. Sale/ transfer etc all done by gpa.
4. Please advice whether action to claim our share will be any fruitful.
Thanks in advance.

T. Kalaiselvan, Advocate (Expert) 25 August 2023
First of all obtain a legal heirship certificate of your deceased father by applying for it combining all the legal heirs of your father by giving a joint application to the Tehsildar of your jurisdiction.
Then on the basis of your father's identity card to prove his relationship with your grandfather, you can file a suit for partition suit seeking partition and separate possession of your father's share in the property through a civil court.
The court will ascertain the facts from the documentary evidences and the evidences produced by parties and may pass an order as per procedures of law

P. Venu (Expert) 30 August 2023
You can have any claim over the property if it has devolved upon your father by inheritance or transfer and any such property was left intestate at the time of his death. First of all, ascertain this aspect.

How to prove heirship

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