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Gopal R   06 September 2019

Legal heir certificate

My grandfather had 8 siblings 4 sons(including my father) and 4 daughters. He died in 1990 and my father died in 2014. Now all our property is in "common patta", it has names of all my uncles and cousins. When I approached the local VAO to transfer our property from "common patta" to my mother's name he asked me to bring Legal heir certificates of my grandfather and all other deceased siblings of my father. Out of 8 siblings of my father only 2 are alive now. It is impossible to get "legal heir certiticates" of all of them. What are my chances of getting a legal heir certificate of my grandfather who died 3 decades ago?? How can I transfer our property from "common patta" to my mother's name??


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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 September 2019

In case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs. A legal heir certificate is a very important document to establish the relationship between the deceased and legal heirs. Once the death certificate is obtained from the municipality/corporation, it is required that the successors apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. Usually, lawyers help draft and register a legal heir certificate.

P. Venu (Advocate)     07 September 2019

The property is jointly vested with all the legal heirs. The proper option is to execute a partition or settlement deed executed and get the mutation carried out on that basis. Unless all other legal heirs relinquish their rights, title and interest through a duly registered relinquishment deed, your mother cannot be the holder of the entire propery. 

Gopal R   07 September 2019

Should I approach a lawyer or brokers present outside register office to execute this partition deed?? BTW we don't want all property. My grandfather's property was divided among 4 sons. My father was working in other part of India (in MP) for a very long time so without his knowledge his brothers included their names in our share of property. Later their wives (my aunts) and sons (my cousins) added their names too.

Gopal R   07 September 2019

Should I approach a lawyer or brokers present outside register office to execute this partition deed?? BTW we don't want all property. My grandfather's property was divided among 4 sons. My father was working in other part of India (in MP) for a very long time so without his knowledge his brothers included their names in our share of property. Later their wives (my aunts) and sons (my cousins) added their names too.

GANDHI MOHAN BHARATI (Pensioner)     07 September 2019

Please take a technical advice and entrust the case to an advocate to go about partitioning rather tha trying in vain to get a legal heir certificate

Gopal R   07 September 2019

Thank you for your advice sir.

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