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shrukti   06 August 2021

Can deceased person(class2 leglheir) be included as leglheir

My father passed away few years back and my grandfather who was live at that time was also a legal heir for my father. Recently my grandfather passed away and in his legal heir document , his daughters have been included as legal heir , along with my father(who is deceased). Also, my grandfather's mother who had passed away long back has been included as legal heir, and the tahsoldar is refusing to take the name away from it. Can the legal heirs of my grandfather's mother claim rights in my grandfather's self acquired property and bank balance. Similarly, can the legal heirs of my grandfather's mother claim rights in my father's self acquired property ?



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 August 2021

Your grand father's mother having rights to claim your grand fathers property even if it was self acquired property of your grand father.

shrukti   08 August 2021

How about legal heirs of my Grandfather's mother?

Kevin Moses Paul   13 August 2021

As per your query, let me tell you that your grandfather though have her mother's name in his legal heir certificate, but after the death of his mother (i.e. your great-grandmother), it does not mean your great-grandmother's rest of the legal heirs will aslo have rights over the property.

Basically, after the death of your grandfather the property will have only the following people as it's rightful and legal owners i.e. you, your siblings (if any) and your great-grandmother. However, as you've mentioned above in your query that your great-grandmother had passed away long time back, therefore the rightful and legal ownership is distributed between you and your siblings if you have any, and not to any other person.

Thus, in order to sell/mortgage/lease the property, you must get the agreement signed by your own siblings (if any), since your siblings along can be the rightful owner and enjoy equal rights in the property, and except them you need not to get the agreement signed by anyone else.

Hope It Helps!

Regards
Kevin M. Paul

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