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Balaji Bakthavathsal (+919444448455)     16 October 2013

Legal heir certificate

A legal heir certificate will generally contain the name of the spouse and the names of the children of the deceased person. Can it contain the name of the mother of the deceased person ? While seeking the Legal Heir Certificate, the Revenue Officials insists to include the mother’s name too. In my opinion, mother’s name will appear in father’s Legal heir certificate and not in the son’s Legal Heir Certificate. Any one can throw light on this and tell me the exact legal status on this ? Thanks & Regards Balaji


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 9 Replies


(Guest)

If the claimant has filed a legal heir certificate wherein the relationship of the deceased is stated and if there are contradictions between the statement made in the petition and the evidence given, the Forum will go as per law. The most important thing is that whether the application is made under Class I or Class II heirship and the relationship shown beyond reasonable doubt.

V. VASUDEVAN (LEGAL COUNSEL)     16 October 2013

The Legal Heir certificate issued by the revenue authorities will and should comprise the name of the surviving legal heirs, which include the parents of the deceased as well.

Balaji Bakthavathsal (+919444448455)     16 October 2013

Thank You Shri Deepak & Vasudevan Sir.  I am having the doubt because heir means successor. Mother is not successor. Further,  mother's name is appearing in the legal heir certificate of father. Can a name appear in two different legal heir certificates ?  

V. VASUDEVAN (LEGAL COUNSEL)     16 October 2013

'heir' means any person, male or female, who is entitled to succeed to the property of an intestate (dying without leaving a will), under the Hindu Succession Act. A personal (female) can be a heir to her husband as well as children.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S. Sudhakar (Advocate)     17 October 2013

V. Vasudevan is correct

Balaji Bakthavathsal (+919444448455)     17 October 2013

Thanks to all for your valuable guidance.

 

Regards

Balaji

T. Kalaiselvan, Advocate (Advocate)     17 October 2013

As per  Hindu Succession Act, Class I legal heirs of male are; wife, children, mother, rest all others including father of the deceased come under class II category. your query  is that whether mother's name can appear in two legal heirship certificate ?, yes it can, she will be a wife in his father's certificate and mother in his certificate.

Basavaraj (Asst, Manager-Legal)     17 October 2013

 Yes as per  Hindu Succession Act, she will be a wife in his father's certificate and mother in his certificate.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     19 October 2013

kalaiselvan sir is absolutely rights.....kindly follow


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