Legal heir certificate
Querist :
Anonymous
(Querist) 16 January 2025
This query is : Resolved
Subject : Legal heir certificate
Message : We have a house plot in the name of my deceased mother. We are four siblings.. two elder sisters, myself and my younger brother. One of my sisters also expired in 2021. She has one son and one daughter. My brother-in-law is alive. In the legal heir certificate issued by the court the name of the son-in-law of the deceased (I.e name of my brother-in-law) is also included along with other three names. Please clarify whether this document is valid and sufficient for registration of property in the name of a purchaser
kavksatyanarayana
(Expert) 16 January 2025
Yes. You, your brother, your sister your deceased sister (brother-in-law and their children) and your father if alive have equal shares in the property.
Advocate Bhartesh goyal
(Expert) 16 January 2025
Yes, legal heir certificate issued by court is perfectly valid and legal.
Querist :
Anonymous
(Querist) 16 January 2025
Thank you for the advice, Sir.
T. Kalaiselvan, Advocate
(Expert) 16 January 2025
Your deceased sister's legal heirs are considered as successor in interest to succeed to the estates left behind by your deceased mother in the capacity of legal heirs of your deceased sister who is herself a legal heir (died) to your deceased mother.
Hence the legal heirship certificate issue including them is perfectly right and correct as per law.
Dr. J C Vashista
(Expert) 17 January 2025
Legal heir certificate is issued by area Tehsildar / SDM and not by a Court after verification of the facts/ documents submitted by applicant(s), please recheck.
Dr. J C Vashista
(Expert) 17 January 2025
Legal heir certificate is issued by area Tehsildar / SDM and not by a Court after verification of the facts/ documents submitted by applicant(s), please recheck.
P. Venu
(Expert) 21 January 2025
When did the mother die - prior to or after demise of the sister?
Querist :
Anonymous
(Querist) 23 January 2025
Sirs
My mother expired prior to the demise of my sister.
The objection raised by the registering authority is that son-in-law cannot be a direct successor to the property left behind by my mother and
only the children of my deceased sister become legal heirs along with me, my brother and living sister. and he rejected the documents as Son--in-law cannot claim any share.
The point here is that the court declared me, my brother, my living sister and my brother-in-law (husband of my deceased sister) as legal heirs. The children of my deceased sister are not included.
My nephew is unmarried and niece is married.
How to resolve this issue.
Querist :
Anonymous
(Querist) 23 January 2025
What is legal position and remedy.
Querist :
Anonymous
(Querist) 23 January 2025
Who all will be the legal heirs and their share in the property may also please be explained.
P. Venu
(Expert) 23 January 2025
Inheritance take place by operation of law. On the demise of the mother, the property has devolved upon the Class I legal heirs i.e all the children. Facts posted suggest that all of them were living at that time. On the subsequent demise of the daughter, her share has jointly devolved upon all the Class I legal heirs, her husband and children. As matter stand now, all the living children as well the husband and the children of the deceased sister are the joint holders of the property left intestate by the late mother.
Situation would have been different had the sister predeceased the mother; in such an eventuality, husband of the predeceased daughter is not a Class I heir; only the children are.
Suggestions as above are given on the understanding the provisions of the Hindu Succession Act applies. The situation could be different under other personal laws.
Querist :
Anonymous
(Querist) 23 January 2025
Thanks for the reply which explains the legal provisions.
What should be further course of action?
Is it necessary to get the names of my niece and nephew also included in the LHC already issued by the Court? If so what is the procedure?
Or alternatively, will NOC in the shape of notarised affidavit by the children relinquishing their share in favour of father suffice and acceptable under law?
P. Venu
(Expert) 24 January 2025
"The objection raised by the registering authority" How is that the matter is before the registering authority?
"the court declared me, my brother, my living sister and my brother-in-law (husband of my deceased sister) as legal heirs"
What is the context in which the Court has given the said decision?
Querist :
Anonymous
(Querist) 24 January 2025
As per the advice given by our Counsel children of deceased sister are not made parties in OS while applying for LHC and court declared four of us (plaintiffs) as legal heirs.
The objection by registering authority arose at the time of registration of sale deed in the name of a buyer.
How to resolve the issue?
P. Venu
(Expert) 24 January 2025
Is it OS (Original Suit) or OP (Original Petition )?
Querist :
Anonymous
(Querist) 24 January 2025
It is Original Suit, Sir.
Querist :
Anonymous
(Querist) 27 January 2025
Sir, any suggestions/advice on the issue?
kavksatyanarayana
(Expert) 27 January 2025
The children of your deceased sister shall also be made in the suit.
P. Venu
(Expert) 27 January 2025
In Kerala, it is not OS, but OP Succession.
Anyhow, it is not that Court has given the wrong decision, but the pleading was erroneous. Admittedly, there was error apparent on the face of the record. You may explore the possibility of filing a Review Petition to get the error corrected.
Once the Court gives the decision, it is binding on the Registrar to abide by it.
