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Abhilasha   12 January 2017

Legal heir certificate

Hi we two sisters and our mother are the legal heir of a ancestral residential property after the death of my father . We want to sell off this property which was originally built by my grandfather (my grandfather further divided the property into his two sons my father and his brother ) we want to sell our portion of the property . What all papers will we need do we need legal heir certificate ? And what else along with LHC


 4 Replies

Kumar Doab (FIN)     12 January 2017

It is believed that you are Hindu.

The property is in which state?

It is urban/rural/agricultural?

Are you married?

What is the date/month/year of death of your father?

 

Confirm!

 

Inquire from o/o concerned authority under whose jurisdiction property falls; e.g; revenue office/official; say; Patwaari.

Legal heir certificate, death certificate are required.

How this property did come into hands of your grandfather (father’s father)?

Was it purchased by your grandfather from self earned funds or inherited?

How did your grandfather divide it to your father and uncle; by a valid/registered deed?

If the property was divided by a valid/registered deed then it should have attained the status of self acquired. 

 

 

 

 

 

 

 

 

 

 

Abhilasha   12 January 2017

Thanx Mr.Deob We are Hindu Property is in Uttar Pradesh My grandfather purchased on his own(in1955) Division is done but the deed is not registered its on a 20rs stamp (done in 1989 ) Property is urban residential Me and my sister are unmarried My Dad passed away in nov 2016(without leaving any will) We have applied for legal heir certificate (my mother as applicant) What else do we need beside death certificate and legal heir certificate so thay we can dispose off this property

Kumar Doab (FIN)     14 January 2017

Repeated at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=146026&offset=1

Kumar Doab (FIN)     14 January 2017

As posted in other thread:

 

 

https://www.lawyersclubindia.com/forum/Legal-heir-certificate-145999.asp

Inquire from o/o concerned authority under whose jurisdiction property falls; e.g; revenue office/official; say; Patwaari.

Legal heir certificate, death certificate are required.

How this property did come into hands of your grandfather (father’s father)?

Was it purchased by your grandfather from self earned funds or inherited?

Usually legal heir certificate is issued by Tehsildar post inquiry by revenue officials say;Kanungo, Patwaari.

Legal heir certificate,death certificate of both Grandfather,father is required.

Submit both to concerned authority to record inheritance and obtain latest document showing inheritance and share e.g; Fard.

Once you are owner you can act like owner.

The authority May opine that the division on Rs.20/ stamp paper is not registered/accdeptable and/or is not as per succession laws and or is unfair and/or the partition (oral/documented) needs to be established and/or all legal heirs of grandfather may appear and sign……etc etc

Sincde property is urban and residential it might be out of purview of UP Land and Zamindari Abolition Act.

Local counsel can help you.


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