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Krishna Kumar (Developer)     29 June 2024

Can i get legal heir certificate if my surname is different from my mothers surname and my fathers d

Hi Sir,

Can I get legal heir certificate if my surname is different from my mothers surname and my fathers death certificate. 


Previously my Father(deceased)  his surname is Busnaboina in all property and bank documents.
in our community other family's also have the same surname but with spelling and pronounce difference.
(Busnaveni, Busnaboina, Bushanaboina,Buznaboina, Bushanaveni, Boosanaveni
and other variations)

Am eldest son of the family, In my School and college certificates I used Busnaboina as Surname. 
But my Last brother used his surname as Busanaveni

For job sake I went to city. My last brother and middle brother stays with my mother at Home town.

My last brother made Adhar Cards of my Middle Brother and my Mother on Surname Busanaveni. 
And my Fathers death certificate aslo with surname of Busanaveni.
Our Household card also with the surname Busanaveni

We transferred our fathers property to our mothers name with Surname Busnaveni.


Now I want Legal Hier or Family Certifciate, Can I get legar hier certificate if my surname is different from my mothers surname and my fathers death certificate. 


Also My last brother  dont do any job but spends money lot for luxury, he stays with my mother and took controll of all the propertys he collects house rents, money generated through agriculture land. my Mother also supports him.

My last borther brainwashed my person, that he is not capable of doing job and he needs help, And I can live easily and I dont need help.

I live in other city for job sake. My last brother and Mother are not sharing money generated through propertys.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     29 June 2024

The legal heirship certificate will be furnished only if all the legal heirs are applying for it jointly, hence it is a combined effort and not an individual effort.

The surname is not a matter of concern especially if your records prove that you are the son of the deceased.

kavksatyanarayana (subregistrar/supdt.(retired))     29 June 2024

Yes.  The legal certificate will be issued jointly with all other legal heirs.  Hence it is not a problem.  But it is better to get gazette notification with the surname as your mother and siblings have.

Krishna Kumar (Developer)     29 June 2024

Thanks for the quick reply.

Is the Legal Heirship Certificare and Family Membership certficate are same.
If different can I apply for FMC without other legal heirs

 

T. Kalaiselvan, Advocate (Advocate)     29 June 2024

The answer will depend on the state which you belong to.

Family membership certificate is not given by all the states.

Krishna Kumar (Developer)     30 June 2024

Am from Telangana

Dr. J C Vashista (Advocate )     03 July 2024

Contact your area Tehsildar / SDM for proper advise.


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