Legal Heir Certificate
Gopi
(Querist) 05 July 2011
This query is : Resolved
One of my relative died and we got legal heir certificate as below names are mentioned in this certificate -Wife, 2sons and his father.
Before death itself, His father married with another girl and stayed away from his son. He is not co-opeative. We need to remove his name from the legal heir certificate. Is is possible now and how to proceed? if not able to how much he is equally important in terms of percentage?
SACHIN AGARWAL
(Expert) 05 July 2011
The father is not the legal heir under hindu law. Please refer the Hindu Succession Act.
Advocate Bhartesh goyal
(Expert) 05 July 2011
Yes,Mr Sachin is right father is not legal heir in first schedule under Hindu Succession act.
Guest
(Expert) 05 July 2011
Yes, father is not legal heir in first schedule under succession act.
S. Bharath
(Expert) 05 July 2011
As the experts have said, in the presence of wife and sons, father should not find a place in the certificate. The person who gave the application for legal heirs certificate can give an application for rectification and/or issuance of a fresh certificate which is in accordance with the Hindu Succession Act. If the authorities refuse, the applicant may move the court for relief.
a.manoharan
(Expert) 05 July 2011
mr.s.baharath is right
prabhakar singh
(Expert) 05 July 2011
It is section 8&9 of hindu sucession Act read with schedule I that governs this case,under which
Son; daughter; widow; mother; .........are successors and NOT THE FATHER.
The matter of succession certificate is governed by PART X: SUCCESSION CERTIFICATES of Indian Succession Act, 1925.
Resort should be taken of section383 which reads:... "Revocation of certificate.- A certificate granted under this Part may be revoked for any of the following causes, namely:--
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
PARTIAL REVOCATION SHOULD SOUGHT FOR!
