Legal heir certificate questions


 

Hello,this is Mahesh from Chennai.

My father passed away last year & his mother(grandma) is still alive. My grandpa also passed away before 5 years.

My mother is staying with me & my sister(24years) got married.

Does a legal heir certificate of a person(me) need to include the my grandma's name?

My doubt is does my grandma claim any property which is in my fathers name.

 
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Advocate

She is entitled for as share being mother.

 
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instructor

Yes , your grandmother is a legal heir of your father she has a share in your fathers property .
 
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I am staying in Pune. My father was staying in Belgaum and working as an Advocate.Received some agricultural land in Belgaum ( Karnataka ) through a death will. Later the person who gifted the land to my father gave the same land as a gift to other person. Subsequently my father got his name entered in 7 / 12 extracts. After that my father expired and I could not look after or cultivate the land due to being in Job outside Belgaum. The  person who received the land I gift deed says he is cultivating the land for last 50 years. I also neglected to acquire and allowed him to cultivate orally ( No paper work ). Now he has issued me a court summon and has filed a civil suit. The land is still in the name of my father on 7/ 12 extracts. The person received the gift and summoned me is now expired. Can his heirs claim the property received in gift? I am now in process of getting my name entered in 7/12 extract as legal principal heir of my father. Can I sell the land afterwards? I am 70 yrs old so can I get the civil suit transferred in Pune civil court as it is difficult to attend the proceedings every now and then.

 
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Thanks for your time & valuable reply sir. I've one more query because currently, my grandma is staying with my aunt(father's sister) only & terms also not good with us. Is there any chance, after grandma's death does my aunty can claim my father's property? like share from grandma's share..

 
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Sorry sir, i forgot to  mention the below :

Please note, the property i mentioned in the forum from the beginning is my father's self earned property.

 
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Advocate

On the death of  Your father the Shares including  your Grand Mother  are declared by law,   she has already acquired right to claim  her share in  the property  of  her deceases son ,  the same  right will be carried to her legal heir /successor  / your aunt !

 
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Advocate

@ Mahesh:  Your grandmother is a legal heir and one among the successors to the intestate property left behind by your deceased father. As rightly observed above, she already acquired a right to claim her legitimate share in the intestate property, thus, her share of property will automatically devolve upon her legal heirs on her intestate death, provided she has not bequeathed the same to any person of her choice before her death through a Will of testament.

 
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Advocate

Sorry due to technical problem, the reply was repeated, which has been duly deleted.

 
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Advocate

@Ashok Vengurelekar:  As a legal heir of your father, you can very well get your name recorded in 7/12 register, but you have to obtain NOC from other legal heirs.  The present case can also be transferred to Pune by filing a transfer petition before supreme court, contact a local lawyer who will advise you properly.  In future use a separate thread for posting your queries.

 
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