Legal heir certificate
Karthick
(Querist) 19 November 2012
This query is : Resolved
Hi Sirs/Madams,
I am Karthick from Sathyamangalam.
My mother passed off in October 2009 and subsequently my Grandfather and my grandmother (Mother's parents) who were based in Trichy passed away in Feb 2010 and June 2011 respectively.
My mother had three brothers and these three uncles of mine have now approached the Trichy Tahsildar office to obtain a legal heir certificate for my grand parents and have got a certificate also. I understand that they have excluded my mother's name (as she passed away). They have also excluded my father's name and my name in the Legal heir certificate. It looks like they have omitted us to avoid issues in property disposal and sharing.
What are all the implications for me in being excluded in the heir certificate.
Also how to tackle this. Is there a way to know whether I have been included or excluded in the certificate? How to include my name in the legal heir certificate if my name is not included as a legal heir?
Can you kindly clarify.
Thanks,
Karthick
Raj Kumar Makkad
(Expert) 19 November 2012
You should see the property documents from the relevant office which shall show whether you have been includd therein or not. Mutation might have been entered on the basis of alleged legal heirship certificate so see the register of mmutation and obtain its copy and then challenge it before Collector of your area. Take the help of local lawyer for this purpose.
Khaleel Ahmed Mohammed
(Expert) 20 November 2012
You are here by advised to file a writ petition before High Court for cancellation of legal heir certificate which is already issued . Or you may apply to civil court for succession certificate of your deceased grand parents.