KSM 18 April 2023

If one legal heir isnt mentioned on heirship certificate... but present...can we sell.

The property is belonging to Mr.A and it is self earned (not ancestral). Mr.A died intestate some 50yrs ago. There are 2 legal heirs but 1 of them is not included in the legal heirship certificate, due to long absence from family and whereabouts not known during issuance of certificate. Now 50yrs later both heirs are willing to sell and take their legal share. Can the sale be done if both heirs are present during the sale. And the heir who is omitted from heirship cert has some other document to prove she is a heir like ration card and or marriage certificate to Mr.A.

Thanks

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2 Replies

Harinarayan R. Tripathi (Professional (Advocate)) 18 April 2023

Legal Heirship Certificate need to be corrected by inclusion of name of the leftout heir on the basis of sufficient evidentary documents. The trnasfer deed must be signed by all legal heirs and hence sale on the basis of incorrect heirship certificate can be challenged by the omitted/ left out legal heir of Mr. A.

Hope this respose meets with your query as per my understanding.

T. Kalaiselvan, Advocate (Advocate) 18 April 2023

The legal heirship certificate should include all the legal heirs of the deceased owner.

Now one person states that she is one of the legal heirs to the deceased, and tomorrow another person will emerge and may claim his or her share in the capacity of left out legal heirs, hence it is not proper to purchase the property asscertaining the facts and the details of all the legal heirs/successors in interest from a revenue authority and also it would not advisable to proceed without obtaining a proper legal oipnion and resovling this successors issue properly