arunsrinivaas (pensioner) 16 April 2023

Enquiry about property issue

Dear sir

After death of my mother my elder sister is not cooperating for getting legal heir certificates for my mother's property.

What is legal remedy available for me to get legal heir certificates. At present I am paying all government tax dues in my mother's name only and my sister has not shared tax expense?

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Quick Summary

If your sister is uncooperative in obtaining legal heir certificates for your mother's property, you can still apply for one yourself without her signature. You may need to file a suit for partition and possession of the property, especially if she is not contributing to tax expenses and may not be interested in her share.

4 Replies

shubham kumar (Advocate) (Advocacy) 16 April 2023

she might not getting interest in your mother's property, thats why, you can file a succession certificate case .

P. Venu (Advocate) 16 April 2023

To my knowledge, any of the legal heirs can apply for getting legal heir/succession certificate.

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kavksatyanarayana (subregistrar/supdt.(retired)) 16 April 2023

Yes. You can only apply for a legal heir certificate. Your sister's signature is not necessary to get the same. For property, she has to relinquish her rights to you with other legal heirs if there are any.

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Dr J C Vashista (Advocate) 17 April 2023

File a suit for partition and possession of the properties left behind by deceased (mother) without obtaining LR certificate (from area Tehsildar/ SDM) where she has no alternative but to contest.

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