Getting legal heir certificate without documents
Prakash Bawankar
(Querist) 23 December 2020
This query is : Resolved
My wife’s mother was teacher who died in 2000 and who purchased a land and built a building by her own money. Father is alive and he later married to other women and having a daughter. She (my wife always in further text) has one brother and one sister. Her brother-sister never shown her any documents either of property or pension or any required documents to legalise the things. She do not have death certificate of her mother neither she has ration card nor her mother’s bank account and details. She insisted to her brother but he is not disclosing her anything. The matter is of Maharashtra and she lives with me in Gujarat. Currently her brother frequently calls my wife and forcing to leave her rights from property, He also torturing his father to force him to give his will to him (brother). Moreover, he (brother) operating her mother’s account and using money not disclosing anything to her sisters. My wife has Pan Card where her father’s name is mentioned and has leaving certificate of school having her mother’s name mentioned. Now kindly tell me followings
1. What is her father’s right on property.
2. What is her rights on money credited in her mothers account
3. How she could apply for legal heir certificate to claim rights on property and get bank details of her mother.
Kindly reply other than this questions as I may not understood the things legally.
Thanking you.
Guest
(Expert) 23 December 2020
Her Husband and all her Children would be the Legal Heirs of your Mother in Law. Legally the husband can not be ignored of his rights for any reason. First apply for the Legal Heir Certificate.. Getting the Legal Heir Certificate is presently an Simplified Process and in many States it could be done online also. If you have any difficulty in that seek the help and guidance of an local Advocate. All the details including the Bank accounts would be given by Presenting the Legal Heir Certificate
Prakash Bawankar
(Querist) 23 December 2020
Dear Sir,
Thank you for responding. However it is not clear to me if fathers holds the right on the property earned by his first wife if he married to other woman! I will also thankful if you possibly mention the method of getting legal heir certificate Online for other than Mumbai districts in Maharashtra!
SHIRISH PAWAR, 7738990900
(Expert) 23 December 2020
Hello,
Your wife and her brother and sister will have equal rights over the property of her father after his demise. In the case of your mother's property your wife, her father and her brother and sister will have an equal share. Your wife has to apply for legal heirship certificate from court and thereafter your wife can transfer the property in her name and claim the bank account deposits.
Guest
(Expert) 23 December 2020
Very Rightly Advised by Advocate Mr.Shirish Pawar.... Querist -- Your Father in Law's Rights over his wife's property irrespective of his second marriage after the demise of his First Wife can not Legally Denied or Refused.
kavksatyanarayana
(Expert) 23 December 2020
I agree with the advice of the above learned experts.
Dr J C Vashista
(Expert) 25 December 2020
Well analysed, opined and advised by experts, I concur.
Your wife has to file a suit for partition, declaration, possession, rendition of accounts, damages and mens profits as she is entitled to 1/4th share in the property (equal with her father, brother and sister) which has been left intestate by your mother-in-law.
It would be advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
Rajendra K Goyal
(Expert) 26 December 2020
You said:
1. What is her father’s right on property.
Reply:
If the father re-married after her death he has a share in the property left by her along with other legal heirs (sons and daughters).
You said:
2. What is her rights on money credited in her mothers account
Reply:
She has equal right along with other legal heirs. Bank is discharged, if it pays proceeds of account / money to nominee but the money paid to nominee is in the capacity as trustee of all legal heirs.
Rajendra K Goyal
(Expert) 26 December 2020
You said:
3. How she could apply for legal heir certificate to claim rights on property and get bank details of her mother.
Reply:
Can apply to Tehsildar for legal heir certificate.
Rajendra K Goyal
(Expert) 26 December 2020
How to get details of property:
Reply:
Can visit Municipality / REvanue office to get details.
How to get Bank Account details:
Reply:
May use RTI in the capacity of legal heir to get information.
Prakash Bawankar
(Querist) 27 December 2020
Dear All,
Thank you so much N.J.S. Rajkumar, Dr. J. C. Vashista, Shishir Pawar. Also appreciate very much to Rajendra Goyal for point-wise precise reply. We overwhelmed with detailed guidance in this matter.
