Eshwer (MD) 07 December 2013

Remove name from legal heir certificate

Hi .... This is eshwer... i reside in chennai.

Recently my sister died. My sister is married and has two kids(daughter - 5years & Boy- 1 year).

My father died 3 years ago in 2010. In my fathers legal heir certificate, myself, my sister, my elder brother, my mom, my grandfather and my grand mother are the legal heirs.

A year ago my grandfather passed away.

Now in my fathers legal heirs are myself, my elder brother, my mom and my grand mother are left.

Now my doubt is does my sisters husband and sisters kids can claim any property which is in my fathers name.

& How to remove my sister name and grand father name from my fathers legal heir certificate, as they have deceased

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4 Replies

Laxmi Kant Joshi (Advocate ) 08 December 2013

Yes in the share of your deceased sister her husband and her both kids are legal heirs of her , and get 1/3 shares equally from the share of your sister . legal ly you cannot remove her share .

Shraddha D (Proprietor) 09 December 2013

Your sister's husband can release his share by executing a Release Deed . However in case of Sister's kids, since they are minor, releasing their share would be a difficult process.

K.K.Ganguly (Advocate) 09 December 2013

1. Yes. Your sister's husband and children are entitled to your deceased sister's share in your father's property,

2. You can not remove anybody's name from the certficate of legal heirs of your father. The law entitles them to inherit their shares of the property,

3. Similarly, no body can remove your name also from the said legal heir certificate.

(Guest)

According to Hindu Succession Act, the Class I heirs include the son, daughter, widow and mother. If none of the Class I heirs exist, it is only in these cases that the heirs mentioned under Class II get the right to inherit. The heirs of your sister, namely the children of your sister, are entitled to the share in property that would have belonged to your sister.

Also, the father gets right to inherit the property of his deceased son only if none of the Class I heir exists which is not the case in hand.

You cannot legally prohibit them from claiming their share. Therefore, the property would be equally divided among the heirs of your sister, your grandmother, your elder brother, your mother and yourself.

- Regards

Advocate Pooja

www.lawkonect.com