Legal heir certificate

Dear, Tell your brother to provide you the same with all the required legal documents else you have a right to file a suit for partition .... Send a legal notice and he will be set right ..... Kapil Chandna Adv 9899011450

you need the death certificate of your father,ration card, and id proof to get legal heir certificate

Sir,

  >>Kapil Chandna -  There was a partition agreement (still not registered) just in writing, made  through mediators which was done 3 weeks back. But my brother seems like has changed his mind is playing some sort of dirty tricks to stop from disposing of the property. Now neither he gives the documents for me to apply for the legal heir certificate nor lets me enters the house. I know i can file a partition suit but i wish to get a legal heir certificate. I know being a woman it doesnt help much even if i file a case with the police. Please advice !

>> Saravanan - I was told by the MRO's office about the documents needed for the Legal Heir Certificate but they are in possession of my brother. He openly says that i can check the house for the documents which means that he might have kept it with someone else. So what should i do to get the douments in order to apply for the Legal Heir Certificate? Please advice !

Dear, Court partition decree is different from the agreement entered into between the parties .... And I think you have a good case of partition and seeking interim relief in the form of residence right in that property .... Kapil Chandna Adv 9899011450

 I agree with Kapil.

If he is a central govt employee, the details of the legal heirs will be available with the department. You can file application in the department. They will give you as you are legal heir of your father.  For what purpose you require legal heir certificate is required to you is not mentioned. 

 

It is better to file partition suit.  There is no need to file legal heir certificate. Any way you will file sworn affidavit stating that you are two children to your father.  That is enough.  But death certificate is compulsorily required.  You can obtain the same from Municipal authorities. 

 

 

 

>> Kapil Chandna:

      Sir : Thank you for ur advice. I kind of(by reading the forums here on this site) know the partition agreement entered between parties is not valid until registered. Even though my brother and my sisters along with my mother agreed to dispose of the property at the earliest and signed the agreement papers written by the elders and signed by witness which was made 3 weeksback, now he is not letting any buyer or purchaser to talk to any of the siblings or qouting a higher price so that the buyer goes back. So, if i file a partition suit what kind of relief will i get from the court? Will i be allowed to take possesion of my part of the property till the partition is done? if Yes, how soon will the court order such judgement(allowing me to stay in that house)??

I have posted a question 2 weeks back on this site but no one answered back, hence asked another question. If it is not much of i will post the whole disputed story here( after u reply sir).

Thanks & Regards.

 

>> Ravinder Sir:

  I need a legal heir certificate as my brother holds all the documents including the property ones. All i have is a xerox copy of ration card, a death certificate and nothing else. Sir, i need to correct that we are not two children. We are six in total. 5 from the first wife and 1 from the second wife(illegitimate relationship). If u agree, i would post the whole property dispute issue here.

Thanks & Regards.

First you obtain certified copies of property documents through RTI Act. Then obtain Death Certificate of your father.  Legal heir certificate is necessary but as of now there is no urgency.  Without it also you can file Partition suit.  You can obtain later.  File partition suit immeditely.  file I.A. and obtain temporary injunction from the court against the other legal heirs not to sell any of the properties till disposal of the main partition suit.  If you are interested you can post the entire issue to my email ravinder2345@gmail.com. I will explain you in detail.

Thank You Ravinder Sir. I will mail u the details at ur personal email add at the earliest.

Regards

Why do you need a legal heirship certificate?? If it is for the property share, you may file a partition suit directly without the legal heirship certificate too and also without the property documents too in case you know the details of the property.

Kalaiselvan Sir,

> One of the lawyers has told me to procure 'atleast' these documents to file a partition suit viz., 'Encumberance Certificate', 'Property Assesment', etc., . He said without these documents, the suit will not be numbered. Is it true? 

> I dont have any idea of the survey numbers of my property, neither do i have an idea of the built-up area and many other details except the House no, total area f the property, and boundaries. In that case what should i do? how should i file the partition suit?