Legal heir certificate
mike johnson
(Querist) 19 October 2013
This query is : Resolved
my aunt is getting a legal heir certificate to sell her house. she has a brother living in new zealand whom she has not seen or heard since 3 years. her lawyer brought a 10 rs stamp bond paper with statment declaring herself and her brother. But he also brought a letter to METROPOLITAN MAGISTRATE OF CIVIL COURT to clear the certificate, my uncle is saying its wrong and it should be sent to junior judge???? can anyone help me out with the right process and can any1 tell if this process is legal or illegal????
what is this magistrate issue ??? she has no contact of her brother ... how to legally handle this ???
ajay sethi
(Expert) 19 October 2013
who is the owner of property? on his death you need a succession certificate if deceased died intestate .if your aunt and uncle are the legal heirs obtain succession certificate from court .then after mutation is done in name of leagl heirs sell the property
prabhakar singh
(Expert) 20 October 2013
Your aunt can not ignore her brother when both are heirs,he being in New Zealand for last 3 years does not change the situation.
Rajendra K Goyal
(Expert) 21 October 2013
Your aunt should not ignore her brother and his absence does not forfeit his right in the property.
