cpc

legal heir certificate correction


I'm Nitin here ... After my father's death my legal heir certificate was made in the name of his wife , daughter , son and grandmother . Now his grandmother has 7 children including my father ... Now after her death obviously the legal heir of hers will go to all her children . Now that's the problem I don't want .. Becs once she dies then the procedure for my legal heir work goes long due to her legal heir in future . That's y i want to remove her name from my father's legal heir with her permission itself . So what is the exact procedure to do the same . How to remove grandmother's name in my father's legal heir certificate .
 
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Hello,

You cannot remove the name from legal heriship certificate as she is also one of the legal heir.

 
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But she can remove her name with her willing right ?
 
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Advocate

Your grandmother is a Class I legal heir to your late father; such a legal provision cannot be undone by manipulation. The viable option is to execute a gift deed or settlement deed with your mother relinquishing her share. However, she can revoke the deed if she is not taken care.

 
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Hi Sir,

In order to assure the right legal heir, a verified certificate is issued called Legal Heir Certificate. This Certificate is generally required as proof of surviving member to avail several benefits. A Legal heir certificate is just for the establishment of a relationship with the deceased.

In the said case following family members of the deceased are eligible to apply for a legal heir certificate- 

  • Wife of the deceased
  • Son of the deceased
  • Daughter of the deceased
  • Mother of the deceased

Mother of the deceased being Class I legal heir can’t be evicted from the legal heir certificate. However, a Deed of relinquishment could be executed with your grandmother in furtherance to relinquish her share. Based on the Deed her share in the property shall be transferred in the name of the beneficiary.

Regards,

Rohan Gupta

 
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hey guys, this year is quite a tough one but still could make my university graduation to the end and that was kinda hard to accomplish , I mean it, are there any students? I guess you can udnerstand me ..

 
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