Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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legal heir ceritificate

(Querist) 08 September 2010 This query is : Resolved 
My Grandfather had 3 sons and 5 daughters.My Mother is the second of the 5 daughters.He passed away 8 years before.I have married My mothers elder brothers only daughter( My elder Uncle's daughter ).After my grandfathers death my second uncle took possesion of all the documents related to the property left by my grandpa.My grandma also owns some immovable property for which also the papers are in the possesion of my second uncle.The property had not been partioned yet.But we are now coming to know that he is trying to sell the lands both of my grandpa's and my grandma's without the consent of all there a way legally and simple that we could stop him?
also my father in law has passed away before my grandpa. hence my wife, my mother in law and her mentally challenged son ( age 25 ) have been denied on their rights and my 2nd uncle has taken a legal heir certificate excluding my father in law, my mother in law, my wife and my brother in law. is there a way that i could get a legal heir certificate changed including all their names?
is it possible that he can sell off the lands without our consent just because he is holding the land documents?
G. ARAVINTHAN (Expert) 08 September 2010
though you can get legal heir certificate in their name, that is not valid before law.

Better your wife and your mother in law along with your mother can file a suit for partition and separate possession of their respective shares in the property
Uma parameswaran (Expert) 09 September 2010
You have to give a letter to village Officer for geting correct Legal heir certificate.At the same time denied members can approach Court for partition of the property. Check whether any documents created by grand father in the name of second Uncle.If he is in possession of any forged documents also you can chellange it.

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