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Harish (management trainee)     17 October 2012

Legal heir document and its repurcussions

My father passed away recently, survived by my mother, younger sister and myself. The house we live in is in his name. The property is not ancenstral and was completely funded by my father. 

My father did not share a good relationship with his mother, 2 brothers and 3 sisters. He had also declined his share from the ancestral property and gave it to his brothers. 

Now we need to create a legal heir document. I have heard from some people that my father's mother would also get included as a legal heir. She has never stayed with my father in the past 20 years. I wanted to know if she and my father's brothers and sisters will be able to claim any share from the house in my father's name? Is it possible to get a legal heir certificate without including my father's mother? My father's relatives are not literate enough but if they sense money they will torture us. Even if we include my grandmother's name by law my father's brothers will create enough trouble in future, for example not allowing her to sign in some papers without money. 

Please advice me accordingly.



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