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Sundesh Kumar (IT )     29 December 2010

Info required about legal heirs

Hello


Suppose a person bought a property thro his self earned ( not a ancestral property) he has alive wife, three sons and three daughters.  Let us know who all are legal heirs of the property, considering the persons death after year 2000.  Since we found property for purchase so we are seeking clearity in this regd.



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 4 Replies

M.Kumar, Madurai (Advocate,)     29 December 2010

Make sure that deceased hadnot written any will. If no will, then wife, sons, daughters,mother allwill become heirs. So insist on Legal Heir Certificate from Tahsildar and deal with those legal heirs.

Sundesh Kumar (IT )     29 December 2010

Hello Kumar,

Thanks for your reply,  No will was given by that person ( He was died on 7th Feb 2001), Bangalore Mahanagara Palike aleady provided mutation certificate, in that certificate mentioned only wife name and three sons name but not daughters name.  All three sons and dauthers were major and married before the death of that person. But Bangalore Mahanagara Palike issued Mutation copy only with wife name and three sons name. 

All three sons sold their fathers property,  without getting signature of the their mother and their married sisters.  In the sale deed it was mentioned like that

All the three sons of the person X ( legal heirs of the person).  So need clearity in this regd.

suresh (Advocate)     30 December 2010

Dear Sundesh Kumar,

In this regard married sisters have rights over the property, according to Hindu Succession amendment Act all the daughter's have rights over the property ( provided certial exemptions are there) , in you case even mother had one share in the property, you can challange the matter in the court of law.

raj kumar ji (LAW STUDENT )     30 December 2010

DEAR SUNDESH JI . THERE ARE SOME FACT S-

1- IF THERE IS NO WILL OF UR FATHER  U CLEAR CUT ASSURE THAT THE PROPERTY IS DIVIDED BETWEEN CLASS ONE LEGAL HIRE -(WIFE .ALL SONS ,ALL DAUGHTERS ,)

2-U ALL THE BROTHERS SALE OUT ONLY UR SHARE OF PROPERTY .

3-UR ALL SISTERS MARRIED OR UNMARRIED HAVE EQUAL SHARE OF HER FATHER PROPERTY .HER SIGNATURE IS ALSO MENTIONED IN EVERY DEAL .


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