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s arunkumar   12 May 2021

Removing name from legal heir certificate


Removing name from legal heir certificate 
Hi Sir,
I have a question regards to removing name from legal heir certificate .
My uncle(my mother brother) died due to illness and his wife was went to his mother's home while my uncle is was thereafter my uncle death without informing my grandmother(my uncle mother) she got legal  heir certificate by showing her and my grand mother name in that. With that certificate she replaced her name in patta instead of my uncle. After my uncle death she got married and now she is having kid(second husband kid)for my uncle no kid. now we want to remove her name from legal heir certificate. What is the procedure for removing her name from certificate.



 13 Replies

Sankaranarayanan (Advocate)     12 May 2021

How she transferred the title of revenue records without the support of your Grandmother? Your Grandmother is living now? then with the support of legalheir certificate and death certificate you approach a local lawyer and act accordingly

Pradipta Nath (Advocate)     12 May 2021

Please take help from anyone who is better in written communication! I am sorry, but actually I am not getting you!

G.L.N. Prasad (Retired employee.)     13 May 2021

Who acquired the property standing in the name of your deceased uncle?

s arunkumar   13 May 2021

Hi Sir,

She very first applied for death certificate with VAO(village administrative officer by paying money)with that she got legal heir certificate.by showing that certificate VAO added her name in patta.

can you please guide me how we can remove her name from certificate. 

G.L.N. Prasad (Retired employee.)     13 May 2021

As the wife of your uncle, she is Class 1 legal under Hindu law and has a right on his property, accordingly, Tehsildar has issued such certificate?

How can only one demand removing the wife of the deceased from the legal heir name, when it is laid down law?

What is your interest and right to claim such  LHC issued to your deceased maternal uncle's wife as illegal,?  Such name from a certificate has to be deleted by Collector on conducting an inquiry and then orders for such deletion of the name only if there is serious irregularity and if she is not really entitled.

One can not do whatever he wants and assumes when a certificate is issued by the competent authority

If you are still interested in your unjustified demand write to Tehsildar and seek information under RTI in following manner 

FACTS:  After the death of Shri........................., on........................, a legal heir certificate was issued in the name of his wife Smt....................vide certificate No................on.....................

Information solicited:

1.Please provide me a copy of the laid down procedure for deleting the name of Smt..................w/o of decease ........................in legal heir certificate.

 

 

s arunkumar   13 May 2021

Hi Sir,

Thank for your input. I agree what ever you say is correct.While issuing certificate did thasildhar enquiry about legal heirship persons ?
If she is class 1 legal then she has to take care of my grandmother & she should pay the loans what ever her husband got.

if she is not paying then how come she can come owner for property ? After my uncle death she got married and now she is having kid(second husband kid) she is happy with her 2nd husband and now grandmother is paying loan what his son got ?
Did government has any law for mutually accepting her to pay the  loan ?

P. Venu (Advocate)     13 May 2021

It appears that you have made great effort in making the posting really confusing and disjointed! Many of the aspects you have posted are neither material or relevant.

The query suggests that your aunt, subsequent to your uncle's death has remarried and she is in joint possession of the late uncle's property along with your grandmother. And you wish to find out the means to dispossess her because of her remarriage (if so, obviously, your mother would be the beneficiary).

The legal position is that consequent to the uncle's death, the property is jointly vested with his wife and mother (It appears that there are children). Remarriage does not disentitle the  widow of the property she has inherited from her late husband.

It is only that the present husband or the children borne of this marriage would not be legal heirs to the property she has inherited from her late husband. In the absence of any children from the first marriage, the legal heirs to that property are the legal heirs of the late husband.

s arunkumar   13 May 2021

Hi Venu sir,

I am not confusing sir.

1.  i am not intrested to acquire my grand mother's land.They are not much educated so they don't know how to proceed.

2.If my aunty is a class1 legal heir who will pay the loans and amount which my uncle borrowed from outside where my grandmother is more than 70 years she can't go for any work. If hindu law says she is the property legal owner after my uncle death .did any law act says  who has to pay uncle borrowed money ?
if she is ready to pay the loans we are ready to give the property to her. what her thought is she wont pay the loans but she want the land and also she wont take care of my grand mother who is aged.
Please tell me sir how we can proceed.

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

Firstly understand the law that your uncle's wife was legally wedded wife  hence she became the widow of your uncle after his death. 

Being one of the lass I legal heirs of your deceased uncle, it is very much legal and proper to have her name included in the list of legal heirs of yor deceased uncle.

She was not remarried at the time of obtaining the legal heirship certificate hence she had full rights as his legal heir.

Thus on the basis of this legal heirship certificate she was entitled to get her name included in the patta passbook along with your grandmother which is called as joint patta.

As far as the repayment of loan availed by your deceased uncle, both the legal heirs are jointly liable to repay the same since they both inherited the property of the deceased borrower equally.

Your grandmother could have  restricted the repayment to her share of property alone and informed the lender to recover the balance loan amount from the other legal heir or she can very well take steps to recover the loan repayment amount what she paid for her from her through legal procedure. 

There are various provisions in law to facilitate all the situation in your favor hence you better contact an advocate in the local and solve the issues legally if your aunt is not cooperating  and not willing to repay her share of loan amount especially after having inherited her share in the property. 

s arunkumar   14 May 2021

Thank you so much for all Lawyers who helped me to understand the things.

When i contact local advocate he told me if your aunty got married(second marriage) to other person. Then She wont be legal heirship for the first husband property as per hindu law he told me .if they both had children then he will be the legal heirship for first husband property.

Dr J C Vashista (Lawyer)     14 May 2021

Vague and confusing facts can not lead to form proper opinion and oblige.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     14 May 2021

Originally posted by : s arunkumar
Hi Venu sir,

I am not confusing sir.

1.  i am not intrested to acquire my grand mother's land.They are not much educated so they don't know how to proceed.

2.If my aunty is a class1 legal heir who will pay the loans and amount which my uncle borrowed from outside where my grandmother is more than 70 years she can't go for any work. If hindu law says she is the property legal owner after my uncle death .did any law act says  who has to pay uncle borrowed money ?
if she is ready to pay the loans we are ready to give the property to her. what her thought is she wont pay the loans but she want the land and also she wont take care of my grand mother who is aged.
Please tell me sir how we can proceed.

There is no question of "IF" - your aunt is a Class I legal heir to her late husband. And she is not deprived of her title to the property just because she has remarried. It is only that the present husband and the children borne of the second marriage would not be the legal heirs to the property she has inherited from the late husband.

Please note that inheritance/succession takes place by operation of law, not by act of the parties. The property is already jointly vested with her and your grandmother. As such your readiness or otherwise to give her the property is of no meaning known to law. It is her property and she can get her property at her will and discretion. No court or public authority can deprive her of such rights.

As regards to the alleged liability arising from the loans availed of by the late uncle, the legal heirs are liable for the those liabilities, limited to the extent of the property they have inherited. Obviously, grandmother alone is not  liable. And if the grandmother has repaid or is repaying the loan, the grandmother can move against  her daughter-in-law to realise the same.

A practical way of getting the things done is for the grandmother and the daughter-in-law to arrive at an amicable settlement relating to the property as well the liabilities.

G.L.N. Prasad (Retired employee.)     14 May 2021

There was never mention of such "DUES" at all in the query and it was invented later.  The original  query was:

 : "After my uncle death she got married and now she is having kid(second husband kid)for my uncle no kid. now we want to remove her name from legal heir certificate. What is the procedure for removing her name from certificate?

 


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