Senthil Rajan 23 December 2019

Legal heir of a widow without children- husband and 2 children passed

My mom (Hindu living in Tamil nadu) has a younger sister. My mom's mother and father are already dead (they had only two daughters)
Her younger sister doesn't have a family on her own as husband and 2 children passed away long back. Her sister also passed away recently (due to cancer) Does this make my mom the legal heir of her sister ?
If so, will she get legal heir certificate ? what all documents are required to get the legal heir certificate in this scenario ?

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6 Replies

Shashi Dhara 24 December 2019

If the property belongs to your g.f &g.m then your mother becomes sole successor .documents gtree, death ,certificates,property documents.

G.L.N. Prasad (Retired employee.) 24 December 2019

Anyone of the legal heir may file an application for the issue of such a legal heir certificate providing an original death certificate to Revenue Authorities. A revenue inspector visits the place, makes inquiries and may provide such a certificate after collecting prescribed fees within a month.

Vijaya Sarathi 24 December 2019

legal heir certificate is not necessory .you may obtain death certificate of demised sister .

your having a full rights of the property .

Vijaya Sarathi 24 December 2019

sorry your mother having a full rights of the property .

Dr J C Vashista (Advocate) 26 December 2019

I disagree with the opinion and advise of experts/ respondents hereinabove.

Your mother is not (repeat NOT) class 2 or 3 legal representative (heir) of deceased, even if the property devolved upon her sister from their parents.

Consult a local prudent lawyer for better analyses of pedigery of deceased, relevant facts /documents, professional advise and proceeding.

T. Kalaiselvan, Advocate (Advocate) 27 December 2019

Section 15 in The Hindu Succession Act, 1956

15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Since your mother is one of the legal heirs of the father of her sister and the only surviving legal heir in this regard, she can very well acquire the properties or share of the properties left behind by her deceased sister under this circumstance.

She can file a petition before the jurisdictional court seeking succession certificate on the same line to acquiree the property.