Guest
(Querist) 28 June 2015
This query is : Resolved
Hi sir,my grandfather and my grandmother expired few years ago. My father is the only son. my grandfathers second wife and her children have also been included in legal heir certificate. For which they betrayed us with the property of my grandfather in tamilnadu. Now my father came to know there is 1 Acer of land in my grandfather name. To transfer it to my father name they are asking for change in legal heir certificate to my father name. Can we make changes in legal heir certificate or do we have any other way to get this.
Advocate M.Bhadra
(Expert) 28 June 2015
If your grandfather married second time after death of his first wife and died intestate(without making a WILL)then property will be shared 1/3 each.On the other hand your grandfather married during life time of first wife then second wife will not get any share. In this situation property will be partition between your father and step brother of your father. Your father can mute his name as a co-sharer in Land Revenue Office and also local Municipality or Panchayat by producing death certificate of your grandfather and legal heirs certificate which may be obtained form Govt. authority or by an Affidavit.
If your father would not get 1/3rd share of property then he can file a Suit for Partition and Injunction in Civil Court by claiming his share.
Rajendra K Goyal
(Expert) 28 June 2015
Well advised, agree with the expert Advocate M.Bhadra.
Guest
(Querist) 28 June 2015
Thank you sir. Thanks a ton lots for your advice. I'll ask my father to get affidavit and remove his step mother's name from the legal heir certificate.
Guest
(Querist) 29 June 2015
Can you please tell me the procedure to get affidavit to remove his step mother's name from the legal heir certificate.
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