legal heir certificate
Buvaneswari
(Querist) 27 June 2009
This query is : Resolved
Sir..a govt employee (54yrs) died due to sickness, leaving his wife, two unmarried sons and a married daughter. legal heir certificate given by tahsildhar is carrying these 4 people names. Before death, he got jewel loan in IOB (pledged his wife's gold jewels). Now, that family wants to redeem the jewels by paying the o/s loan amt. but the manager asks them to add deceased man's mother's name in legal heir certificate. But their ration card doesnt have his mother's name as she lived seperately with her husband. Is it must to add his mother's name in legal heir certificate?
A V Vishal
(Expert) 27 June 2009
I cannot see any rationale behind adding the deceased mother's name in the legal heir certificate. Contact the Bank's Legal Cell.
Kiran Kumar
(Expert) 27 June 2009
whether there was any legal separation?
like parents disowned the son, mother is no doubt is among the legal heir, better u contact the authorities to sort out the procedural anomalies.
Vishal is also correct in his advice.
adv. rajeev ( rajoo )
(Expert) 27 June 2009
Mother is also legal heir of the deceased person. Seperation does not oust her.
Buvaneswari
(Querist) 27 June 2009
thank u all for the reply. I agree..Ration card is the proof to be attached along with death certificate to get legal heir certificate. But her name is not mentioned in the ration card and how it is possible to add her name in the legal heir certificate.
Buvaneswari
(Querist) 27 June 2009
thank u all for the reply. I agree..Ration card is the proof to be attached along with death certificate to get legal heir certificate. But her name is not mentioned in the ration card and how it is possible to add her name in the legal heir certificate.
PALNITKAR V.V.
(Expert) 27 June 2009
There is no need to add mother's name in the heir certificate. She can obtain a separate certificate and present it to the bank along with your certificate. In fact you should have added her name at the beginning.It was your mistake to omit her from the heirship certificate.
a.manoharan
(Expert) 28 June 2009
DEAR BHUVANA
There is Tamil Movie Name is 'Bhuvana oru Kelvikkuri' It means that Bhuvana is question mark . So, you should not raise question . ok. Don't worry. As per Hindu Succession Act, as per the lastly enclosed schedule, when hindu male died intestate , mother is also an equal sharer for his property. Hence, show this schedule to the concerned Tahshildar and try to get rectified Heirship Certificate. OK?
Y V Vishweshwar Rao
(Expert) 04 July 2009
1- A Declaratin by mother to the effect that she has no claim over the articles in the bank and authorise her dauthr in law to claim & receive the Gold articles from Bank .
The Bank Authorities will consider the Affidavit / declaration of mother declarign that she has no claim and authorising her daughter in law to claim and recieve the articles ! If there are no other disputes regardign sucession !
