Removing name from legal heir certificate

1.    The widow i.e. your late brother’s wife is correct.

2.    Legal heirs in reference to brief are children of your deceased brother, widow wife of his and your late brother’s deceased mother who are all falling under Class I heirs of a Hindu.

3.    Each will get 1/6^th. share as per HSA, 1956  r/w HSA (Amendment), 2005

4. Your Father does not come under Class I heir.

However, if it is found that there are no heirs in Class I then the property will given to the heirs within Class II and in reference to context they are your Father (Category II) and you (sister) (Category II) including his widow and his children but that is partially not the case in hand here.

thank you so much for your kind response Sir.

so does this mean, my father would not get any share of my brother's property? if that is the case, then how is his name been included in the legal heir certificate? when the certificate was issued, Thasildar of our area confirmed that by dafult parents names would be included in the certificate even if the deceased person is married. so in my case, my mother is  no more and so my father name is been included.

I also heard she is trying to remove his name from the legal heir certificate so that my father cannot create any issues in future while transferring the property to her and her children's name.. is it legally possible to remove his name from legal heir certificate?

If in case his name get removed from teh certificate, is there any possibility for my father to file a legal suit against my brother's wife for removing his name. is there any law that supports this kind of legal suit?

I some how want my father to get some share of my brother's property, he worked really hard to bring up both of us. though teh property of my brother's are self earned, he would not have come up in life if my father had not spent on his education. he even sent him abroad for his studies. but now my father incurred a huge loss in business and so he is residing with me.  it would be really great if he get some thing.

kindly provide your comments/suggestions, that can help my father to get some share of my  brother's property.

Thanks and Regards

Ammu

In my opinion I feel you are confused. There is difference between Succession Certificate / Legal Heir Certificate / Dependent Certificate and respective usage in reference to query.

Heirship Certificate is a certificate issued by a Tahsildar / SDM / DM to the legal heirs of a deceased person. Whereas Succession Certificate is an order granted by an Authority or Court of competent jurisdiction to the successors of estate of a deceased person on the basis of application made by such persons in the capacity as legal heirs or otherwise entitled to succeed to the estate of the deceased person in certain circumstances.

Here the query is about property share left behind by deceased brother. I am not sure who got this Legal heir Certificate made and to me it is not that relevant to reply to your next question. The Tahsildar made legal certificate has no value under Indian Succession laws and thus your father’s name for the purpose of succession of late brother’s property left behind as Class I heir will be removed.

I have considered your emotional response unfortunately as per Hindu Succession Act the father gets right to inherit the property of his deceased son only if none of the Class 1 heir exists which is not the case in hand. In previous reply I have clearly mentioned who are Class I heir of your deceased brother. Fortunately all under Class I are alive so they will get share accordingly.  

ok Sir, thank you for your detailed explaination. and thanks for understanding my emotional feelings.

I just have one query, my father is more than 65 years old. I have heard about laws that says senior citizens can file a suit against their son or daughter if they are not maintained by them, if they dont have any self earnings. Does this law bind Duaghter in law also. is there any possibility to file a suit against my brother's wife, claiming his personal maintenance expanse.  he does not have any earnings on his own now.

I am so sorry for raising multiple queries on the same subject, but my father is so dejected that he is been completely disgarded by his son's family.

kindly provide your comments.

Regards,

Ammu Kothandaraman

1. In my opinion you are creating obstruction sort of Bar for your father to claim maintenance under Maintenance and Welfare of Senior Citizens Act, 2007. The Act clearly says maintenance from “any relative” can be claimed. 'Relative' definition is quite vide and includes you as well as widow DIL. Here is the catch why you are obstructing your widow father to claim under this Act; you are mentioning Manager under your LCI screen name which translates (frankly I don't wish to know exactly other than guessing it out) that you are working and earning an income. The moment it gets reflected Court may not entertain obligation as such. Plus second bar that has to be removed from your side is that you are putting him in your place so naturally Court will ask now what problem is there that you want him to be kicked out and be accommodated in deceased brother's property whose rightful claimant are his widow and children ? Your side has to come prepared for all these obstacles. These comes from a seasoned advocates pleading and may be by showing you not to be actually working but just somehow providing him shelter when alternately the deceased brother (son) property is bigger and a small place (partition) can be given to your widow father atleast to live peacefully so these are all mixed question of facts r/w persuasive pleadings based and can be tried out.

2. What I see the brief evolving out to be is that you donot want to maintain your widow father hence after death of your brother what property he left behind no doubt it is under contest, some share you want or say indirectly your father wants so that he can be maintained out of it.

3. Under scheme of evolving facts as per discussion so far I see tough chance yet there is a way out that is praying for such relief under Law of Torts one can try out praying for such relief from not only you but from widow daughter in law provided the deceased brother’s property are shown to be earning an income and/or widow DIL is shown to be earning sufficient an income or alternate relief could be grant place to live in that disputed property for your widow senior citizen father showing you have your own family to look after and place that you have accommodated your widow father is not enough for your own family hence..... Remedy under Law of Torts is quick and wide where moral torpedoes are well covered.

4. As you are also aware maintenance to widow FIL can also be got from a widow DIL if she would have got on compassionate ground govt. job but that is not the case in hand here.

Lastly I suggest try remedy under Law of Torts by hiring a seasoned advocate found via reference.

[Last reply]

You see The Hindu Succession Act, to know the concept of legal heir to deceased male, then you will understand the problem.  Only the wife, childern and the mother are onoy the class I heir