Anil K K N 15 December 2025

Property partition

Hello Experts, The Query is regarding the property partition : 1) The Propert is my Grandmother's Name and she is expired . There is no will for the property 2) My Grandmother has three children ( My Father / My Uncle / My Aunt) , my father is expired 3) The Property is Mortgaged in the bank for Student loan by my Uncle for his Son's Higher Studies ( My Cousin ) 4) Can you please help me understand Who all should be included in the legal Heir Certficate to be produced to the bank. 5) Should i also get the Katha transferred to Pauthi Katha to all the legal Heirs Name? Thanks in advance for your help. Kind Regards, Anil

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Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer) 15 December 2025

the inheritance of your grandmother's intestate, self-acquired property:

1. Legal Heirs and Share Determination: Succession is governed by the Hindu Succession Act, 1956. The property devolves upon her Class I Legal Heirs: your Uncle (Son, 1/3 share), your Aunt (Daughter, 1/3 share), and your Father's branch (Pre-deceased Son's heirs, 1/3 share). Your father's 1/3 share is equally divided among his Class I heirs: your Mother, you, and any siblings.

2. Legal Heir Certificate (LHC) Inclusion: The LHC must name all Class I heirs: your Uncle, your Aunt, your Mother, you, and any of your siblings. Note that the property passes subject to the existing mortgage, and all heirs must acknowledge the loan as the new owners.

3. Khata Transfer: Yes, you must transfer the Khata/Pauti Khata to the joint names of all legal heirs. This formalizes co-ownership in municipal records, strengthens your legal claim, and is necessary for future partition or sale.

Next Steps:

1. Immediately obtain the LHC (or Succession Certificate) naming all heirs.

2. Formally notify the bank with the LHC to address the outstanding mortgage and understand their requirements.

3. Initiate the Khata/Patta transfer process with the relevant municipal authority using the LHC.

T. Kalaiselvan, Advocate (Advocate) 16 December 2025

The legal heirship certificate should include your father and his siblings names.

In your father's legal heirship certificate all the legal heirs of your father should be included.

Dr. J C Vashista (Advocate ) 16 December 2025

I concur the opinion and advise of learned experts.

kavksatyanarayana (subregistrar/supdt.(retired)) 17 December 2025

Yes. I agree with the opinion of the above learned experts.

P. Venu (Advocate) 17 December 2025

"Can you please help me understand Who all should be included in the legal Heir Certficate to be produced to the bank."

What is the necessity to produce the LHC to the Bank?

On the demise of the grandfather, the property has jointly devolved upon all the children and on the demise of your father, his share has vested jointly with your mother, you and your sublings.

The alleged mortgage executed by your uncle could only in respect of his share in the property and not the entire property.