Satish (all in all) 17 July 2014

Fathers property

Hello Sir / Madam

I have a query pertaining to my father's property.

My father and my mother were divorced 25 years back... post the divorce we (me and my younger brother) moved with our mother to bombay. Father continued to stay at chennai. In nov. last year I lost my father. within 15 days of this, our mother too passed away.

My father had a flat in chennai and now his relatives are proposing to dispose of the same. For which they are asking us to show that we are legal heirs and then dispose the property. My query

a. My father's ration card didn't have our name and neither ours (at bombay) had his. How are we to prove our legal heir in this.

b. Does legal heir need to be proven and if so, what documents and procedures are to be done with?

c. Is it required that our name be reflecting in the ration card of my father to prove our legal heir?

Kindly guide.

Satish

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3 Replies

adv.raghavan (Advocate,9444674980) 18 July 2014

Apply for death certificate of your father, based on that go for legal heir certificate. Names missing in ration card will vitiate the process. Your father had disowned only your mother not you, so you people can claim the whole property.

Anand Bali Adv. (Advocate Solicitor & Consultant) 18 July 2014

Dear Client,

In a process of Divorce only the Wife gets legal separate fresh Identity of Divorcee but not the children. All the children have equal right on the property of the divorced Father as a legal heir. You are advised to go for the Surviving member certificate to be collected from the SDM office of the area where your father lived. It will be a good document to prove your self as a legal heir of the property of your father other wise you have to apply in the civil court for the Heir certificate which is a lengthy process. Decree of Divorce and your school certificates where the name of father is mentioned will do the purpose. Otherwise a Panchnama will do along with an affidavit from your side stating the actual names and their addresses in it will have to be attached with the application at both the levels at SDM and at Cicil court .

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court Hrs to get a suitable appointment date and timeing.

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T. Kalaiselvan, Advocate (Advocate) 19 July 2014

The birth certificate will have your father's name as well as the school certificates will bear your father's name. On the basis of this along with a copy of death certificate, apply for legal heirship certificate from concerned Tehsildar Officer whose territorial or geographical jurisdiction your father last resided in writing. If they issue the certificate, it is well and good or if they decline to issue the same, you may apply for succession certificate before a civil court along with an application to restraining the miscreants from alienating or disposing the said property until disposal of this petition for succession certificate. Consult a good local lawyer who has more credentials and no greed for money or offering open solicitations.