(Guest)

Legal Heir certificate issue

Dear members,

A grandma has 4 sons and 2 daughters. One of the son is dead and he has a wife and a son as legal heir.

The grandma is one of the legal heir of the dead son.

Now she died. How do the other 5 legal heirs can get the legal heir certificate from our government if the died sons wife and children are not likely to sign the legal heir request form with the others?

What is the procedure and how can they get the actual legal heir certificate, do they need to enclose the died sons legal heir certificate and death certificate?

Please let me know if anything is unclear.

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6 Replies

monicabrownom9 (manager) 06 April 2011

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monicabrownom9 (manager) 06 April 2011

For any legal issues .Please visit us.

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Monica.

monicabrownom9 (manager) 06 April 2011

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Adv Archana Deshmukh (Practicing Advocate) 07 April 2011

In maharashtra, the heirship certificate has to be obtained from the court, by filing an application under the Bombay Regulation Act. If the deceased son's widow and son are not willing to join as applicants, they can be made a party as oppponents in the application.

V. VASUDEVAN (LEGAL COUNSEL) 09 April 2011

Advocate Archana has expressed the correct views. In case the properties are only moveable, money in bank and investment in securites, a legal heir certificate issued by the Tehsildar/Revendue Department would suffice. This practice prevails in T.N. and southern states.

Vasudevan