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Avinash Yedire (Student)     08 April 2018

Legal heir and succession certificate

Dear all,

My maternal grandfather was expired in 2009 without a will. My mother is the only daughter to him and she has no siblings.

We are staying in our grandfather's home and it is in his name. Apart from the house we are staying, there are a few land sites in our hometown and nearby villages which are in the same district.

I would like to know what documentation is required and what procedure needs to be followed for transferring the house property and the land sites to my mother's name. My grandfather does not have any movable property in his name.

Please let me know in case any other information I should provide regarding this

Thanks in advance,
Avinash


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 8 Replies

Kumar Doab (FIN)     08 April 2018

Which personal law applies in this case?

Or are you all Hindu?

The property (ies) devolved upon your maternal grandfather from whom?

Or all properties in the hands of your maternal grandfather were of nature self earned/acquired or ancestral?

The said property is agricultural land, rural, Urban, or it is a building?

The properties are in which state?

Title of all properties mentioned by you was in the name of your maternal grandfather?

Was his mother and wife alive as on date/month/year of his death?

Confirm?

Kumar Doab (FIN)     08 April 2018

Succession opens on date of death.

The legal heirs are per provisions of personal law that applies.

In case of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed say WILL the estate/property devolves upon legal heirs…

ClassI legal heirs have 1st right i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…..

 

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

Check locally and comply with procedure.

Thereafter obtain copy of updated mutation records.

Your mother would thus become owner of her share or whole/all properties if she was sole surviving (ClassI) legal heir of her father.

The nature of property that devolves by inheritance is self acquired.

For matters of inheritance the FEE should be NIL…

Kumar Doab (FIN)     08 April 2018

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband and sons, daughters…………

If property is acquired from husband side and 1st right is of her sons, daughters…………

Thus if his mother was alive as on date/month/year of his death then her share devolves upon her legal heirs…that would include pre-deceased sons and daughters…IN other words including brothers and sisters of your maternal grandfather..

Also if his mother was alive as on date/month/year of his death then her share devolves upon her legal heirs…and since her husband pre-deceased her and your mother being sole surviving legal heir should get whole share of her mother…

If his mother were not alive as on date/month/year of his death then your mother being sole surviving legal heir should get whole estate/property of her father…

Kumar Doab (FIN)     08 April 2018

Part of above is posted believing that you are all Hindu..

If not provisions f personal law that applies shall decide the matter..

IN any case submit requisite details in legal heir application and authority i.e. usually O/o Tehsildar shall issue the certificate accordingly…

If legal heir affidavit becomes choice then post clear facts…

Submit to O/o Authority as already posted above..

Avinash Yedire (Student)     08 April 2018

Thanks for your response Sir. I provided the details as required for your further confirmation.

We are all Hindus residing in Andhra Pradesh since our childhood including my mother. My grandfather had expired on August 09, 2009.

There are 7 properties in Andhra Pradesh - 1 the house we are residing, 6 being non agriculture lands (no construction is made on them), of which 2 are in urban area (our hometown) and 4 in rural area.

All the properties are in the name of my grandfather, he acquired out of his own income. As on his date of expiry, his mother and wife are not alive.

Just for your additional information, as I am not sure to what extent these are relevant in this matter

1. We have our grandfather's ration card with our mother's name mentioned (but she is not there in the image).

2. All the property tax receipts are signed by our mother or by us for the past 12+ years. Thanks and Regards Avinash

Kumar Doab (FIN)     08 April 2018

Originally posted by : Avinash Yedire
Thanks for your response Sir. I provided the details as required for your further confirmation.We are all Hindus residing in Andhra Pradesh since our childhood including my mother. My grandfather had expired on August 09, 2009. There are 7 properties in Andhra Pradesh - 1 the house we are residing, 6 being non agriculture lands (no construction is made on them), of which 2 are in urban area (our hometown) and 4 in rural area. All the properties are in the name of my grandfather, he acquired out of his own income. As on his date of expiry, his mother and wife are not alive. Just for your additional information, as I am not sure to what extent these are relevant in this matter 1. We have our grandfather's ration card with our mother's name mentioned (but she is not there in the image). 2. All the property tax receipts are signed by our mother or by us for the past 12+ years. Thanks and Regards Avinash

The daughter being sole surviving legal heir should get whole estate/property of her deceased father.

Avinash Yedire (Student)     08 April 2018

Thank you sir

Kumar Doab (FIN)     08 April 2018

You are welcome..


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