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sanjay   09 July 2017

Heirship cerificate

Madam/Sir, I hav joint (Me n Bro) property in village. me n my brother staying at pune. few days before my brother got expired in pune now no one is there in my familty except me. his wife also died before n parents are no more live. he doesnt hav any issue. so can i file heirship appln class-II in pune n whether this judgement is applicable to revenue officer in other dist/village of the same state. or i hav filecase to obtain heirship certificate at native dist. wherevillage n property is located.


Learning

 9 Replies

sanjay   09 July 2017

Pl reply n give advice to my post mentioned above

Kumar Doab (FIN)     09 July 2017

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN)     09 July 2017

If mother, wife, father have predeceased and he has not left any children and also if there is NO sister then you may be sole  legal heir under ClassII ( Category II).

Legal heir certificate is usually issued by O/o Tehsildar.

Check locally at your location.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 July 2017

Sir, 

 

U need to the legal heir certificate and get the property mutated and transferred in your name as being the only legal heir left in the family. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Kumar Doab (FIN)     09 July 2017

Even if there are other legal heirs you seem to be sole eligible legal heir to succeed to get estate/property.

K.UPENDER REDDY   09 July 2017

Hindu Law of Succession

General rules of succession in the case of males

 if there is no heir of class-I, then upon the heirs, being the relatives specified in class-II

You being brother entitled for succession to your deceased brother's property...

You can get Legal heir certificate either from civil court decree in suit for declaration or from concerned Tahasildaar/Mandal revenue officer

Ms.Usha Kapoor (CEO)     10 July 2017

You get death certificates of your mother, father, wife  and brother  who is childless you are the sole surviving legal heir belonging to class-2  of HSA   from  Registrar of  of biirths and deaths and after producing the same before the local Tehsildar obtain Legal heir certificate.

sanjay   10 July 2017

Thanks to all. Tehsildar will ask for Talathi (Loacl officer) but already talathi refererred me to go to court. Actually My doubt was wether I should file application in Pune where I am staying now n my bro expired or I should file case in dist court associated to my village/property. If I does it in pune whether judgement is applicable to other dist. revenue officer?

-SD, PUNE.

Kumar Doab (FIN)     10 July 2017

It is felt that:

Proof of death/cremation/Last rites: Actual location where it happenned.

Death Certificate; from place where death has occurred or native place and they may accept on submission of complete docs.

Lgal heir certificate: Jurisdictional revenue office..................

Court: jurisdictional courts where property is located.


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