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sriharan   18 February 2016

Legal heir

Sir
my father has one elder sister and 4 younger brothers.
Sister has 3 daughters and she expired. She had 1 acre land.
Three brothers are bachelor, intestate and deceased.
My father are also died.
Now only one (aged 74) bachelor brother alive.
Later the above said peoples have each 11 cent piece of land with individual document. (Aunt donate this asset with the sign of 3 daughters and registered in sub registrar office) Now my father's brother, aunt’s daughters and myself want to sale the land.
But aunt’s daughters and alive uncle refuse to share the deceased 3 uncle’s assets. They took legal heir without my name for deceased uncles individually (brother took 2 deceased brother’s legalheirs and one of aunt’s daughter took another deceased brother’s legal heir). I am living in tamilnadu and they are in Kerala. I request them to add my name in legal heirship. (I complaint this matter in Kerala thasilthar by person though he submitted legal heir certificate individually my uncle and aunt’s daughter).
They said I have no right anybody assets expect my father’s land. Is this true?
My doubt is as per the Hindu Succession Act 1956 class ii as myself also one of the legal heir? Do I can ask the equal share in deceased person’s property?
In spite of my underprivileged how can I get free legal aid in Kerala?

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GENEOLOGICAL CHART
Sl no Name Inter relationship order Martial
Status Present
Status Relationship with
M.Krishnan Relationship with Vaithiyanathan Succession List
1 Mahadeva iyer Husband *** Expired Father Grand father Refer Sl No 3 to 8
2 R.sundarambal Wife *** Expired Mother Grand mother Refer Sl No 3 to 8
3 M. Rajammal w/o narayanan Daughter of 1 & 2 Married Expired 00/06/2013 Elder sister Fraternal aunt * Refer chart below
4 M.Hariharan Son of
1 & 2 Married Expired 08//01/2010 Elder brother Father * Refer chart below
5 M.Krishnan Son of
1 & 2 Bachelor Alive Applicant Fraternal uncle Nil
6 M. Veeramani Son of 1 & 2 Bachelor Expired 31/10/2014 Younger brother Fraternal uncle Nil
7 M.Nagarajan Son of
1 & 2 Bachelor Expired 26/02/2013 Younger brother Fraternal uncle Nil
8 M.Sankaran Son of
1 & 2 Bachelor Expired 01/10/2013 Younger brother Fraternal uncle Nil

========================================================
* Legal Heir Chart
Sl no Name Martial
Status Present
Status Relationship with
M.Krishnan
Relationship with Vaithiyanathan Succession List
1 M. Rajammal w/o narayanan Married Expired 00/06/2013 Elder sister Fraternal aunt 1 Lakshmi 1st Daughter Married
2 Uma 2nd Daughter Married
3 Vijaya 3rd Daughter Married
2 M.Hariharan Married Expired 08//01/2010 Elder brother Father 1 Subbulakshmi Wife
2 Vaithiyanathan 1st son
Bachelor

3 Mahadevan 2nd son Bachelor

3 M.Krishnan Bachelor Alive Younger brother Fraternal uncle Nil
4 M. Veeramani Bachelor Expired 31/10/2014 Younger brother Fraternal uncle Nil Intestate
5 M.Nagarajan Bachelor Expired 26/02/2013 Younger brother Fraternal uncle Nil Intestate
6 M.Sankaran Bachelor Expired 01/10/2013 Younger brother Fraternal uncle Nil Intestate



Learning

 1 Replies

Anish Thakur 7018812737 (advocate)     28 February 2016

If class 1 legl heir is alive there is no need of class 2 legal heir


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