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Legal Heirship certificate

(Querist) 22 February 2010 This query is : Resolved 
DearExperts, Kindly advice me on Heirship Certificate.
Mr. A has died without leaving a 'Will" and he has left immovable property worth Rs.40,00,000.
He has left 8 children, 4 sons and 4 married daughters. How can they change the immovable property in their name and sell it?
Through Court(By Heirship Certificate) or Through effecting change of name at SDO(Sub-Divisional Office). Whereas all the advocates are suggesting the Court method, the bond writers who sit outside courts and tehsildar office are suggesting the SDO method. Which one is correct and legal.

Please answer at the earliest.

Thanking you,
prakash vathore (Expert) 22 February 2010
in ur case u have to file testamentary petition for letters of administration, coz by vertue of heirship certificate u can only claim share in the mo
Guest (Expert) 22 February 2010
My suggestion is to execute a Partition Deed and get it registered. Based on the Deed they can seek mutation of revenue records. Further, by executing the partition deed, future conflicts can also be avoided.
O. Mahalakshmi (Expert) 22 February 2010
You have to execute a Partition deed among your Brothers, Sisters to avoid future litigations.
Raj Kumar Makkad (Expert) 22 February 2010
Method of SDO is preferable. It takes only an hour in completion whereas the process is lengthy.
B K Raghavendra Rao (Expert) 22 February 2010
You are asking for correct and legal method. Since A has died intestate, legal heirs have to obtain succession certificate from court. Only then it is legal. All other methods are slipshod and invalid methods that could be challenged later on.
Guest (Expert) 23 February 2010
I do agree with Mr Raghav.legal heirs have to obtain succession certificate from court.


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