Upgrad LLM

dividing of ancestoral property


my grandmother had 5 sons and 3 daughters and all of them expired . grandmother's legal heir certificate was not obtanted after her death. now the ancestral property in the name of the grandmother has to be shared between the legal heirs ie grand son and daughter. need to know about the legal procedures to be carried out for the documentation.
 
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Retired employee.

It is not possible to guide by any member without important details as to how your grandmother acquired, when she expired, the dates of the expiry of such legal heirs  , who is in possession, what does the revenue records etc.  Contact a local advocate and get a partition deed in between the co-sharers and get the award from Lokadalat.

 
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Advocate

The property does not appear to be ancestral. Anyhow, all the legal heirs may come together and execute a partition or settlement deed.

 
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As per the Hindu Succession Act, if a female Hindu dies intestate leaving behind her legal heirs then, according to section 15 of the Act, (1) the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1) ( Exceptions)

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father.

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Procedure For Obtaining Legal Heir Certificate

To obtain Legal Heir certificate You must approach the area/Taluk Thasildar, or from the corporation/municipality office of your area, and also the District civil court. The certificate names all legal heirs of the deceased person and will be issued to you only after a proper enquiry.

To obtain a Legal Heir Certificate you must follow the steps listed below:
1.Approach The Taluk Office

The applicant has to visit the Tehsildar or Taluk office.

2.Receive The Application Form
The applicant will have to obtain the application form from the concerned Tehsildar officer.

3.Enter The Details
The applicant then will have toenter all the required details in the application form.

4.Attach The Documents
Once all the details are entered, the applicant will have to attach all the mandatory documents to the application form.

5.Affixing Stamp
The applicantwill have toto affix a stamp of Rs. 2 in the application form.

6. Submit The Application
Ones this is done, he applicant has to furnish the application form to the authorized officer in the Tehsildar office.

7.Verification Process
Thereafter the application is verified by the Village Administrative Officer and Revenue Inspector.

8.Issuing The Certificate
After completing all the verification processes, the certificate will then be issued by the concerned authority mentioning all the legal heirs of the deceased.Generally it takes 30 days to obtain a Legal Heir Certificate but you have to approach the Revenue Division Officer (RDO) or the sub collector if there is an unnecessary delay or the concerned authorities fails to respond.

 

Required Documents To Obtain A Legal Heir Certificate

The following documents are required to be submitted to the appropriate authority in order to obtain a legal heir certificate:
# Signed application form
# Identity/address proof of the applicant( voter id/ Aadhar card/driving licence/passport or any other government issued identity card)
# A self undertaking affidavit
# Death certificate of the deceased
# Address proof of the deceased( any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the deceased)
# Date of birth proof of all the legal heirs. ( Birth certificate , school transfer/leaving certificate, PAN card, passport,etc)

You can file partition suit, even though the documents relating to the property not lying with you. You have to obtain certified copies of the documents pertaining to property along with encumbrance on property certificate and Market Value Certificate from concerned Sub Registrar. Death Certificate of your grandparent/ parents (whichever is applicable) will be required which you can get from concerned municipal authorities. 

It is, however, advisable that you keep a copy of the following: 

a) Certified copy of title deed of properties which you claim as ancestral properties.

b) Descripttion of properties ( area, location with survey numbers, boundaries etc)

c) Valuation done by sub-registrar of these properties.

Note that the partition suit has to be filed in a court that has jurisdiction over the location in which your property is located.


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