sanjay29 (Associate Consultant) 06 November 2011
Sir,
My father passed away in June2011.Iam staying with my mother in house which is on father's name. my two elder brothers are satying seperately and are well setteled.
for getting succession certificate or leagal heirship on mother's name fron court is it necessary to give their names also? if mother give their name n afterwords if she want to sale the house can they object mother from doing so? please give advice..
Rega
regrds
Sidhardh (Advocate) 06 November 2011
Succession certificate is diffrent from Legal Heir certificate in legal point of view. Succession certificate is for claiming money from bank deposits etc. Legal heir certificate is for inheritance of the property. as your father died your other you and your brothers are legal heirs. Legal heir certificate may be obtained by applying Tahsildar. You cannot get legal heir certificate for your mother only as there are some other exixting legal heirs. Your brothers can object selling the house as they also have share in the property.
adv. rajeev ( rajoo ) (practicing advocate) 06 November 2011
To get succession certificate every legalheris names are necessary.
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