Legal heir certificate

( 1 ) Yes, after demise of A, his property rights devolve to D1 and D2 and being legal heirs of A, D1 & D2 have  right to execute sale deed.

( 2 ) Heirship certificate obtained by competent authority is sufficient for the purpose of sale transaction.

( 3 ) Grand children of D1 and D2 have no right to challenge thesale transaction. 

If the property transferred to A by a Will was acted upon by A, i.e., by transferring the revenue records to his name by enforcing the Will, then he becomes the absolute owner of the property he acquired through the Will.

In the event of his intestate death, the property lying on his name shall devolve on his legal heirs.

They have to get the property transferred to their names in the revenue records after which they can execute the registered sale deed in favor of the prospective purchaser jointly. 

The legal heirship certificate can be obtained through the renvenue depatment (tahsildar).

As the property devolved on D1 AND D2, they will be considered as absolute owners of the property hence any claim made by their next generation children will not be legally maintainable.

Admittedly, D1 and D2 are the legal heirs. Then why this query? Is there any specific context?

In the earstwhile province of Madras probation of will is mandatory, whether it is applicable throughout TN (after reorganisation) or not. If it is required to be probated only after that D1 & D2 can get title transferrred for execution of sale deed. You are required to check it before finalisation of transaction.

Legal heirship /survivorship certificate is a perfect document for succession and other legal purposes. 

Wills are to be probated mandatorily in the earlier presidency towns. Hence, properties where the concerned property laws apply, there are extra charges and process involved as compared to non presidency towns.

Probate on will was compulsory only in the metropolitan cities of Calcutta, Bombay and Madras and not in the respective provinces of which they were capitals. Probate is compulsory for the cities of Kolkatta, Mumbai and Chennai and not for the respective States.

Yes these three were presidency towns and probating the wills is compulsory in these towns. Also remember the districts demarcated today may be larger than earlier yet the whole place where the law is applicable needs probation of the will.

Respected Sri Kalai Selvan Sir, Thank you for your valuable advice regarding the above query.  You have mentioned in your reply to the above query that 

"  In the event of his intestate death, the property lying on his name shall devolve on his legal heirs.

They have to  get the property transferred to their names in the revenue records afterwhich they can  execute the registered sale deed in favour of the prospective purchaser jointly.

The legal heirship certificate can be obtained through the Revenue dept (Tahsildar)"

My question is : WHAT IS THE PROCESS OR PROCEDURE TO GET THE PROPERTY TRANSFERED TO THEIR NAMES IN THE REVENUE RECORDS   Sir,  I request you to kindly GUIDE  me in this regard.   With Regards ,           Rajaraja chozhan (Retired)

You may have to apply for transfer of revenue records through online mode by complying with the conditions stipulated therein.

After that the revenue inspector and the VAO would verify the documents pertaining to the property and submit a report to the Tehsildar, then, if everything is found correct, the Tehsildar may passs orders for transfer of revenue records to the applicants' names. r