Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pramod (abc)     07 September 2011

Intestate succession - Hindu male

Dear Experts,

A property (Land with house) is registered with Mr. ABC who died Intestate in 1993. Mr. ABC has wife, 2 Sons and 3 Daughters. 1 Daughter expired in 1984 leaving behind husband and a son. 1 Son also expired in 1991 leaving behind wife, 1 daughter and 1 son.

Legal Heirship certificate is issued by Thasildar for the surviving legal heirs.

The property is in Chennai Corporation Limits.

My question is: Is the Legal Heirship certificate issued by Thasildar sufficient enough to administer the property?

Please advice.

Regards.

KP

 

 

 

 

 

 



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 September 2011

It is not legal heir certificate, itz only survivors certificate.  You can get enter the name of the legal heirs to the property.

1 Like

Pramod (abc)     07 September 2011

Thanks Mr. Rajeev..

So, does that mean that survivor certificate (or legal heirship certificate) issued by the Thasildar doesnt give administer rights on the Title of the property? If that is the case, what document gives authority to the legal heirs to sell the property?

Appreciate your response again. Thanks.

R.venkatesh Naidu (.)     07 September 2011

the legalheir certificate issued by the Tahsildar is enough for aleinating the property

1 Like

SANJAY SHARMA (ADVOCATE IN CHARGE)     07 September 2011

no you have not any other certificate, if concern tehsildar issued you a smc in your fevour.

1 Like

Pramod (abc)     07 September 2011

thanks for your replies.

Now I am getting confused. While checking with some of my contacts, I am told that a Letter of Administration is required to sell the property of an individual who died intestate. Legal Heir Certificate issued by the Thasildar is not sufficient.

Looking for the legal experts in this group to clarify this. Please advice.

Thanks.

 

SANJAY SHARMA (ADVOCATE IN CHARGE)     08 September 2011

i think you should file a suit of declaration in Civil Court after obetained this declaration anybody will not demand anything to you about this property.

SANJAY SHARMA (ADVOCATE IN CHARGE)     08 September 2011

dear PARMOD

TEHSILDAR IS A PART OF ADMINISTRATION AND NO NEED ANY OTHER LETTER FROM ADMINISTRATION ABOUT SMC/LEGAL HEIRS CERTIFICATE WHO ARE GIVE U KNOWLEDGE LIKE THIS, AND ALSO YOU CAN CONTACT TO ME:-

1) 9717184518

SANJAY SHARMA (ADVOCATE IN CHARGE)     08 September 2011

BILKUL THIK

niranjan (civil practice)     08 September 2011

All the legal heirs jointly can sell the property or out of them one may be given power of attorney by others to administer the property.

1 Like

SANJAY SHARMA (ADVOCATE IN CHARGE)     08 September 2011

I THINK NIRANJAN IS RIGHT ALL THE MEMBERS CAN DO THE RELEASE DEED IN THE FEVOUR OF ANYONE AND AFTER THAT THAT ONE CAN SELL THIS PROPERTY WITHOUT ANY PROBLAMES.

 

THANKS

NIRANJAN

REGARDS

SANJAY SHARMA

ADVOCATE

ROHINI COURT DELHI

Pramod (abc)     09 September 2011

thanks Niranjan and Sanjay for the suggestions...

So, in summary one theory is that Letter of Administration issued by High Court is optional (but is good) and that a Sale Deed signed by all the legal heirs with supplementary evidence of Legal Heirship certificate is good enough. Another theory is that Letter of Administration issued by HC is mandatory, else it could be a legal flaw that authority on the Title is vulnerable to be challenged.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query