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Manikandan A   25 April 2024

Legal heir / grandson in grandfather's legal heir certificate

My Grandfather deceased way back , in 1997 and none of his family person cared to apply for a legal heir despite not having any form of Will(I don't know why). The property tax and other taxes are still being paid in his name. My grandma was too old and not in healthy conditions to do the paper works and she died in the year 2004. My grandma doesn't have any property on her name. He has three children-> Two daughters and one son (My father). My father died out of health issues in 2017, leaving with three legal heirs- Widow (my mother), two son(me and elder brother), we are above 18 when my father died. My father's sisters are alive. and in decent old age level health condition.

Now finally elders in the family decided to get things done and get their shares of the grandfather's property and applied for legal heir certificate. Now my query is that...who exactly are legal heirs now?. Should they include us (My mom(widow), my elder brother and me) . or just my Grandfather's direct children? i.e Two sisters and one son (Late).



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     25 April 2024

Even though your deceased father was a legal heir of your grandfather,  since your father is not alive his own legal heirs that is your mother,  you and your siblings are successors in interest to succeed to your father's estates, you can be included as your father's legal heirs in the legal heirship certificate. 

Manikandan A   25 April 2024

Thanking for replying sir.

The Revenue Inspector for my Taluk said, only these people will be  included - Grandma, My fahter and the two daugthers and we will get only the  share of the father's i.e one third of the grandfather's property.

Should i get contact with lawyer and should raise concers to Thashildars/equivalent officers in the taluk office?

T. Kalaiselvan, Advocate (Advocate)     26 April 2024

Your grandfather's legal heirship certificate will have his own legal heirs. 

Additionally you get the legal heirship certificate of your deceased father in which his own legal heirs will be mentioned. 

Your father's legal heirs are entitled to one third share out of his father's property. 

Manikandan A   26 April 2024

I got confused as i googled myself regarding and found a concept called Classes of legal Heirs. I thought we will be considered as Class 1 legal heirs as it said "Sons of predeceased son" which i wasn't sure what exactly it is.Since my father died, i assumed our names will be added to my grandfather's legal heir certificate(Like this-> Grandma, Father's two sisters, myself, my brother ). 

So we are actually class 2 legal heirs and not class 1?

T. Kalaiselvan, Advocate (Advocate)     26 April 2024

You are all class I legal heirs to your deceased father and he is a class I legal heiir to his deceased father, hence you are entitled to a share out of your father's share in that property.

Don't confused by over reading and wrongly interpreting the law involved in this.

it is a fact that you are entitled to a share out of your deceased father's share out of his father's property and this is your right, hence you can very well fight to claim your rightful share in that property 

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