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V.R RAJENDRA KUMAR (PROFESSOR)     05 January 2019

Succession and Legal Heir Certificates

1. What is the difference between legal heir and Succession Certificate

2. My father died without will and we are Hindus. My father died 1 year ago and my father has two sons, me and my elder brother. But my elder brother died long time back. know Me and my sister in law want to transfer khata of property in our joint names and divide the property in equal proportion b/w us ie b/w me and sister in law as she is the legal heir in my brother absence. She has 3 sons and I have 1 son.
My question is whether both succession and legal heir document is required or only legal heir is sufficient to to transfer khata?



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 6 Replies

Shashi Dhara   05 January 2019

If any one dies without disposing his property his wife children's mother father will become legal heirs to his property.succession certificate is obtained in court of law that Ur successor to property if any one challenges.2)if it is immovable property succession certificate is not necessary u make partition deed and register it then apply for transfer of khata. If Ur father has deposited money in bank no nominee is mentioned then u have to obtain succession certificate .
1 Like

Dr J C Vashista (Advocate)     05 January 2019

1. Question paper may be given to students where you are a professor.

2. No succession is required for immovabel property.

3. Just get the properties partitioned between LRs of your father.

4. However, you did not mention about your mother, whether she is alive ?

2 Like

pankaj verma   05 January 2019

first of all u have to partition ed ur property.....9816374011

V.R RAJENDRA KUMAR (PROFESSOR)     06 January 2019

Whether legal heir certificate is required for immovable property transfer?

V.R RAJENDRA KUMAR (PROFESSOR)     06 January 2019

Whether legal heir certificate is required for immovable property transfer?

Shashi Dhara   06 January 2019

Only for movable property if nominee is not made.

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