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thanu (Dental surgeon)     27 February 2015

Experts kindly advice- re:ancestral property

Hello Experts!

I require your advice with regard to my ancestral property in my native place.

This residential property belongs to my maternal grandmother who passed away 4 years back. She did not write a will for her property. She has acquired this property from her mother in law(will).

My mother is her only daughter, who can legally inherit this property. 

After the death of my grandmother, we have a legal heir certificate issued stating that my mother is the only heir of my grandmother. Now we wish to change the khatha of the property to my mother's name, but the authorities are demanding my grandfather's death  certificate and a legal heir certificate. We do not have this as my grandfather passed away 70 years back and it is impossible to get this now.

Please advice what can be done in this situation?  How can the property be transferred to my mother's name? Is there an alternative by which  this property can be transferred to my name, I  being the property owner's granddaughter?  I suppose there is a Hindu law which states the grandchild is  legally the heir of the property....! Please correct me if I am wrong.... need advice  ASAP

Thanks



Learning

 4 Replies

R.K Nanda (Advocate)     27 February 2015

file petition in civil court to get succession certificate and after that submit it in local authority to get katha in ur mother name. then ur mother can make will in ur name.

thanu (Dental surgeon)     27 February 2015

Dear Nanda SIr,

Thank you so much for the reply.

 

 In order to file the petition and get the succession certificate what are the documents that I may require....? how long would it take for the succession certificate? Is there any prescribed format to file? Do I require to hire a lawyer for this? The problem is I do not know any advocate who will be able to help.... I did approach a few earlier, but nobody seemed to be able to help..., n probably none of them knew the exact procedure.... that is the reason I had to post my query in this forum....

I hope I am not troubling you too much with my queries....

R.K Nanda (Advocate)     27 February 2015

yes, take help of lawyer for getting succession certificate from court.

 

thanks,

 

press click to talk option for phone legal advice.

saravanan s (legal advisor)     27 February 2015

You are saying that your grandmothr died 4 years back whereas your grandfather died 70 years back..how come this is possible.if ur gf had passed before your gm and if gm had died intestate then naturally all her property will devolve on your mother as she is the only legal heir.the authorities want to ascertain that your gf is no more for if he is alive he will get 50% share along with your mother

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