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KSM   15 January 2022

Selling apartment....of 2 heirs 1 doesnt have legal heirship certificate...

Planning to sell my fathers flat (he died intestate some 22 years ago). At that time tashildhar gave me legal heirship certificate stating im the only legal heir. My mothers name was not mentioned bec she abandoned the family for 30 years (10 yrs before father died and did not turn up for his death also).

After 30 yrs she has resurfaced asking for the property to be divided and she wants her share money. Im willing to give it...but she doesnt have a legal heirship certificate....mine states that im the only legal heir and nobody else...because she was absent for 1 decade when the certificate was issued the authorities conducted inquiry in vicinity and gave like that. I know that its my mother...but how to sell the property without her legal heir... Can we sell it showing her marriage certificate to my father and her name on my birth certificate etc. I asked her to get one and there seems like some hesitation by her counsel also....it think its bec she has her name changed by addition of a small nick name in front of her original name and this is on all her aadhaar, voters id etc. She herself has created a complication but yet wants sale and share. Im willing to settle it fast and co-operate in any manner...how to do this sale without her legal heir certificate ? Can she get succession certificate ?



 2 Replies

Rashmi Gopi Krishna   15 January 2022

You haven't disclosed your religion which is necessary for the purpose of determination of extent of your mother's share in your father's property. In case of Muslim she will have lesser share but in case of Hindu she will have equal share. Now coming to your main query regarding right of your mother over your father's property, you need to understand that even if your mother left your father and was living separately, it was for your father to obtain divorce from a Court on the ground of desertion, which he probably didn't. If that's so, then she has right over your father's property and non-inclusion of her name in Legal heirship Certificate granted by Tehsildar shall not affect her right as a widow of your father.
So far as obtaining Succession Certificate from Court is concerned, you should know that such certificate is granted only for movable properties.
She can simply join you as one of the vendors in the Sale Deed as the widow of your father, having acquired her right in that capacity.
Note- You should cross-check with some other lawyer as I don't claim to have given you 100% perfect answer to your query.

KSM   15 January 2022

Thanks for your reply.....we are christians.....so the share will be 2/3rds for me and 1/3rds for the mother as far as i know. Both parties (me & mother have accepted to the same). Now the thing is to sell the property and take the share in that ratio foir which the legal heirship of hers seems to be a hurdle.


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