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raviraj (process lead)     27 August 2014

Legal hier

Hi ,

I have couple of  question regarding legal hier status. My grandfather has four daughters , my mother is second child , she (my mother) expired in 1990 , in the year 2000 my grandfather also expired , thus my mothers sisters obtained leagal hier certificate for my grandfather leaving out my mother's name and including only their (3 daughters) names & my grandmothers name in it. In the year  2005 my grandmother also expired .

 In the year 2013 all the three (my mothers sisters) of them together  sold  my grandfathers property saying my grandfather had ony 3 daughters showing the legal hier certificate obtained in 2000 ,without my knowledge .

Note : My grandfather left no will

Question1: Am i eligible as one of legal hier of my grandfather

Question2: Can i send a legal notice to them



Learning

 4 Replies

laxmi kant joshi (instructor)     27 August 2014

Yes , your mother was also a legal heir and entitle for 1/4 share in her fathers property but on her demise you are entitle to get her share as you are a legal heir of your mother .

raviraj (process lead)     27 August 2014

Hi Sir ,

Thnaks for the reply , but how can now proceed as i have asked them  but the reply was not good , so can take up this legally, if so what will be the procedure.

Kumar Doab (FIN)     27 August 2014

It is believed that the deceased owner of the estate was Hindu and Hindu succession laws shall apply.

  • Son/Daughter
  • Son/Daughter of a pre-deceased Daughter

Are listed amongst CLassI legal heir of a Hindu male dying intestate.

You may approach a local lawyer dealing in such/revenue/civil matters and provide full information on the nature of property was self earned/acquired or ancestral, and to proceed to contest the Legal Heir certificate and to recover your share from the proceeds from your maternal aunts.

They might have shown only the circle rate in sale deed i.e. much below the actual amount collected from buyer………………………….hence if you can obtain the sale agreement copy from buyer……………………….that may help you.

Your lawyer can also update you on the possibilities of ‘to declare the sale deed null and void upto the extend of your share.’

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Arpit lalan (Legal Consultancy/Advocate)     27 August 2014

Raviraj,

               What are you waiting for . please follow Mr. Laxmi KAnt Joshi's advice. Your Mother was a CLASS I LEGAL HEIR of  your Grandfather. approach a lawyer and file a suit. They (your mothers 3 sisters) have abused the Law. Gross abuse of the Law! 

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