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Umapathy Krish (Planner)     08 September 2012

Legal heirship certificate

Dear,

My father died in an accident on Nov'11. Our family consists of Myself(daughter), Mother, Brother (Elder) and my demised father.  We both got married. My brother living separately with his family.

After demise of my father, my brother approached Tahsildar office and got Legal Heirship Certificate. To clear PF and other bank deposits, my mother asking him to give a copy of Heirship certificate. He is denying to give the same.  We (myself and my mother) applied a fresh application for Legal Heirship certificate but VAO rejected the application saying that the certificate for this person is already issue vide some ref. no.

We are hitting the door of Taluk office (tamilnadu) so many time. No fruitful result till now.

How shall I proceed now?

PLEASE PLEASE ADVISE.



Learning

 3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 September 2012

You need to apply by RTI Act about the copy of the said legal heirship certficate which issued vide Reference number.....

you also need to send a legal notice to your brother asking for share in the property as per indian succession act or hindu succession act, whichever is applicable.

also in the legal notice you need to ask him to provide a copy of the legal heirship certificate.

 

kindly send the said legal notice through an advocate only. incase even after that your brother is not ready to part the share in your mother and yours name then you need to file a suit against him.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

jeetendra patel (lawyer)     08 September 2012

TAHSILDAR HAS NO POWER TO ISSUE LEGAL HEIRSHIP CERTIFICATE,IT IS ONLY CIVIL COURT WHO HAS POWER TO ISSUE LEGAL HEIRSHIP CERTIFICATE.

SECONDLY ALL THE LEGAL HEIRS OF THE DECEASED ARE TO BE MADE PARTY BEFORER CLAIMING HEIRSHIP CERTIFICATE. IT APPEARS THAT YOU HAVE BEEN CHEATED UNDER THE GARB OF HEIRSHIP CERTIFICATE. BETTER CONTACT A CIVIL LAWYER FOR FURTHER ADVICE.

J.P.PATEL ADVOCATE PUNE (9921158871)

Rakesh Dubey (ADVOCATE)     10 September 2012

apply for issuance of certified copy and after obtaining the certified copy verify whether other heirs names are included or not, if not included please challege the same and request for reissuance of heirship certificate


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