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Ann   31 January 2019

Legal heir after mothers death and father with second wife


our mother died recently living behind her immovable property without any will. She has a son and a daughter.

Our father, 80 years old now, married another wife 40 years ago and never lived with our mother. He lives in the same city but at a different house and owns a lot of properties himself (which he always wrote to his second wife name). He also has a daughter from that marriage.

My brother and I are trying to figure out how to transfer my mother's property to our names without involving our father and without his name.

My mother never got divorced or took any legal action against him.

Questions -

how can we get legal heir certificate without our father's name?

where should we apply for legal heir - mother's thaluk or brothers thaluk?

how can we get succession cert without our father's name? Is this possible?

Is it okay to occupy and run the rental business at our mothers property? Or can the father claim it or file a suit against the children? Can he file suit to get rental income?

We can prove he has second wife and child, from their Adhar cards. He is rich and has contacts. So we are worried he can remove us from our mother's property or legaly somehow claim it!

Please let me know what we should be doing to protect the property, run the rental business and for future selling how to transfer it?


 20 Replies

G.L.N. Prasad (Retired employee.)     31 January 2019

In such complicated issue involving good decisions, though your father is not having any moral right to claim the property, take confidence of a local advocate and legal heir certificate for your mother stating that your father has deserted your mother four decades back and remarried.  All these may be assumptions, Succession certificate is not required for immovable properties.  There may be some facts on documents that go against you, if your mother has mentioned as wife of your father after desertion also.  In the way you can establish on the basis of your step mother's AADHAR CARD, your mother might have mentioned your father name in PAN, AADHAR or Bank account and he may take shelter of those documents.  Always take assistance of professional locally who can read the documents and establish facts of her acquiring the property after such desertion.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 January 2019

You have not stated how the property was acquired by your Mother. was it self acquired, Gifted by her Parents or Gifted by your Father when they were together.

In any case when you take legal heir certificate, it may not be possible to obtain excluding, who in fact, are lega heirs.  

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 January 2019

Occupying the property, you can very well do since you are the Children of the deceased Lady.  In most of the property disputes, 9 out of 10 points are in favour of the person in posession of the property, excepting in the case of tenant who is in posesion.  Therefore, you may occupy the property, if not already living therein. 


I feel it is better you obtain a letter of revocation from your father stating that he has no interesting in sharing the property with you.  In any case, please do contact a reliable and competent (he should be both) local Advocate and take his advice and proceed accordingly. The Advocate should not be such that he passes the information immediately to your Father, who you say is already a propertied man.

Ann   01 February 2019

It was self aquired property, she developed it on her own, father never lived at that address.


Ann   01 February 2019

All great recommendations --

1. Yes, we plan to occupy the property asap.

2. Looks like we have to get all three names on the legal heir. So we will apply online. Do we have to apply at her thaluk or applicants ( one of the legal heir's thaluk) is unclear.

3. Its clear that succession cert is not needed. Ahe has no movable property left behind.

4. One lawyer recommended "Deed relinguish" from my farther and his step daughter. Registered. So we can transfer the property into our names without any ossues and possibily sell in future. True?

5. Finding a reliable lawyer who doesn't "sell" our info to my father's lawyer is really tricky! We so far havent found any reliable lawyer!



SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 February 2019

Point 4 your father alone is enough. When the property is your Mother's self acquired property, none from his second marriage related can claim anything.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 February 2019

Point 5 It's tricky but most essential.

P. Venu (Advocate)     01 February 2019

From the facts stated, your father cannot be excluded from succession. However, the stepmpther or the stepsister has no right in the property. It may not advisable to provoke him as you have a right to inherit the properties belonging to him after his lifetime.

The best course is to obtain the legal heir certificate and based on that, mutation is carried out in the revenue records in the joint names of all the legal heirs without effecting any settlement or partition.


SOLOMON.RAJ (advocate/director)     02 February 2019

you can apply for the legal heir certificate at the concerrned jurisdictional civil courts.

If your mother was a government employee you need to approach the concerned Mandal Revenue Officer for the same.

Solomon Raj 
High Courts of Andhra & Telangana
Bharat Gaurav Samman Awardee5
phone 9866545086

Ann   10 March 2019

Hello all, Recently our father managed to get hold of the original papers from this property which belonged to our late mother. What can he do with these papers? Can he gets us evicted? Can he file for civil suit to empty and occupy himself? He is demanding 15+ lacs in cash to return the papers. He said if we don�t pay he will take actions... what can he do? Thank you!

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 March 2019

Just because your father is holding the original documents does not get any additional right on the property.  The fact remains that the property is self acquired by your deceased Mother and she passed away in-testate.  AT the most, your father alongwith the other legal heirs of your Mother gets his share. May be the value of the property is very high and his share may be valued around the amount he is demanding. As of now, whether the property is in your posession or not? In any case, it is better to safeguard the property by taking it into your peaceful posession and negotiate with your father for amicable settlement.

Ann   10 March 2019

The property is under our compete posession. The property is valued way over his demand. And his demand comes from a loan he had given to one of his child 8 years ago. Please remember he never spent any money raising the kids and the mother took care of raising both child. So he wants that money back which he had given as a loan when one of child needed some help. We don�t know of he will go amicable route as him and his lawyer are know for taking dead peoples property and leaving behind the families helpless.. we wonder what their Game plan is. Currently we are trying to keep the property occupied and wait for legal help in case he files for law suit.

G.L.N. Prasad (Retired employee.)     10 March 2019

1.Mere possession of title deeds by any person brings him any right.  You can obtain certified copies from Sub Registrar office.

2.That child is responsible for the loan and it is not clear what was his age when he obtained such loan from so called father.  It is the duty of the father to spend on his son.  If at all father wants to claim repayment of debt, he has to proceed by filing suit against his own son and wait for the verdict.  At the most the share of the borrower may get an attachment   The possibilities are remote.

3.People expect the property of death persons only.

4.Do'nt worry about the game plan of any one and there is no jungle law in our country.  Let him go to court and fight for a decade minimum.

Do not be disturbed by threats of your own father and you can cross the bridge only when it comes.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 March 2019

All said and done, your father too is one of the legal heirs to your deceased Mother. He shall get his share if you wish to partition or sell the property. Therefore, it is better to settle the matter amicably instead of getting the property get into litigation, which will not only reduce the value of the property but will be a worrisome point always till case is settled. In India Courts are not fast enough to give justice but more interested in prolonging the matters on flimsy grounds.


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