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Palvannan (Doctor)     02 March 2014

Legal heir

My wife's father died on 2002 and she is not getting her legal heir certificate yet I approached the official but they said the period was crossed more than 10 years so they told they cannot issue and advised me to approach thru court I want to know the correct procedure and how long it will take to issue ? What is the formalities that court will ask us ? Please guide us . My father in law had 2 wives and second marriage is not a legal one and second wife is having one male child should we include him is it really necessary? 



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 4 Replies

adv.raghavan (Advocate,9444674980)     03 March 2014

I do not think there is any hard and fast rules like that,  but still u can apply for the same and on his refusal in writing, you can approach court and get it done, and u have to include his second wife son also in legal heir.

Kumar Doab (FIN)     03 March 2014

The Sub Tehsildar may be bound by rules of the office in this effect and may not have rights to condone delay of this much period.

You can approach Civil Court handling such cases.

If the deceased was Hindu and property was in the name of deceased father and he has not left any WILL then being classI legal heir the lady shall share the estate with other legal heir.

 

 

 

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     04 March 2014

Dear Palvalnnan

you must approach Civil Court for getting succession certificate. As you said your father in law has another wife also and further from whom a male child, disputes appears to be on claim on property. just say to your wife filing a succession certificate petition before court and state in the petition second wife and that male child as opponent. court will direct publication of your claim and invite objection . finally after hearing you and other parties will decide.

T. Kalaiselvan, Advocate (Advocate)     04 March 2014

Properly advised by Mr. Mohd Musabbir Ansari, I agree and endorse his views.  It is fact that the Revenue department will decline to issue the legal heirship certificate afte a lapse of more than 5 years from the date of death especially under the circumstances where there can arise a rival claim in the property disputes etc.  However, the option does  not extinguishes there itslf, the querist's wife can approach civil court for a succession certificate with proper details, based on which the court will issue the said certificate and the same will enable the legal heirs to proceed with the property disputes or any other issues accordingly.


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