Legal Heir certificate - reg

Querist : Anonymous (Querist) 02 March 2010 This query is : Resolved
I am planning to purchase a plot.
the plot was registered in the name of Ramalakshmi who was a central govt. employee.
The property owner Rama lakshmi was died in the year 1995.
Now her husband was selling the property.
Husband has shown legal heir certificate issued by Mandal revenue officer in the year 1995 for collecting P.F and other payments from the govt.company
It was mentioned in the certificate that the lady is having a son of 5 years age at that time i.e in 1995.
Now can i purchase the plot from the husband.
Please advise and guide me.

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A V Vishal (Expert) 02 March 2010
Since S.16 of the Hindu Succession Act is specific, the son has more rights than the deceased husband in the property. Legal heir certificate was only to claim benefits arising out of death of the employee. In order to avoid legal issues later on it is advisable to ask both the father and son to execute the sale deed.

Guest (Expert) 02 March 2010
I adree with learned expert.

Guest (Expert) 02 March 2010
agree

B K Raghavendra Rao (Expert) 02 March 2010
Mandal Revenue Officer is not competent to issue legal heir (succession) certificate. The succession certificate has to be obtained by the husband and the son from a competent and jurisdictional civil court to become successors or legal heirs.

Now, purchasing the immovable property from the husband is not advisable.

Kumar Thadhani (Expert) 03 March 2010
I do agree with all experts.

a.manoharan (Expert) 03 March 2010
As per Hindu Succession Act, as the concerned property is intestate property, both husband and son got equal rights. i.e, 1/2 share each. Heirship Certificate is a proof of remaining legal heirs . But, if the details in it is true , U can purchase the property from both as the son became major at present. No need for succession certificate from court unless and until there is dispute among and about legal heirs

a.manoharan (Expert) 03 March 2010
Succession certificate is different from Legal Heirship Certificate

G. ARAVINTHAN (Expert) 03 March 2010
Succession Certificate is issued by a Competent Court whereas Legal heir Certificate is just an information and it has no evidentary value before Court

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