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Sampath (S.Mgr)     26 August 2020

Heir certificate

My Grandfather has 2 sons and 1 daughter. In 1974th year, My grandfather divided 60% percentage of property to 2 sons and doesn't mentioned anything about the daughter in that document. This property belongs to ancestor property. After the grandfather passed away in 2008 year, 2 sons divided the 40% percentage of property to both of them referring 1974 document and divided the property. In this case, daughter doesn't got any property or any means of compensation or not aware of it. What i understand is while "partition between family" was done without any Heir certificate. Is that possible in Law and Legal? I can understand that 1974 they are minors etc but in 2008 how can they divide without submitting/verifying the Heir Certificate.



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 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 August 2020

As the property is ancestral, the daughter has also right in the property.  Consult with a local lawyer.

1 Like

Dr J C Vashista (Advocate)     27 August 2020

The family settlement for partition of ancestral property by meets and bound is valid. 

Amendment of 2005 in Hindu Succession Act, 1956 is inapplicable in the case.

1 Like

G.L.N. Prasad (Retired employee.)     27 August 2020

This is the actual query:  What i understand is while "partition between family" was done without any Heir certificate. Is that possible in Law and Legal? I can understand that 1974 they are minors etc but in 2008 how can they divide without submitting/verifying the Heir Certificate.

Legal heir certificate is not essential document for family settlements within members/ co-shares at the time of such settlement.

P. Venu (Advocate)     28 August 2020

Yes, legal heir-ship certificate is not  a requisite for effecting partition.


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