Heirship certificate - urgent help needed !!!

from your statement its clear that a had died intestate and in that case the property will devolve equally among the class i heirs- his mother, wife and children.since both the children are minors the mother of the children even though a natural guardian got to get the permission of the court to dispose the share of the minors and has to prove to the court that its been done in keeping the interests of the minor in mind

Just to add one more point - deceased A's mother is also no more now and hence only 3 legal heirs as per Hership Cert i.e. B, X & Y.

Hello All, I want to also inform that in my case the said flat was on both the name I.e. Deceased A and his wife B. Since this is jointly held property and after the death of A this flat can not be divided like a land, it can not be divided solely as per X & Y ' s share. Is it correct that in such a case where it's joint family asset and not solely on minor's name, a natural guardian need not to take court's permission to sell off this flat.

i wanted to refer to a judgement which was sent by seller's lawyer saying that since it is jointly held flat, minor's share can not be divided in absolute and no permission needed. There is a ruling by Bombay High Court Aurangabad Bench, stating that in such case Minority & Guardian acts is superseded, which says a natural guardian is like a KARTA of house and he or she can sell undivided share of minor without court permission. In fact the judgement says court permission is not required at all. 

please guide if this is applicable in this case.

thanks

Thanks Sarvananji for your response. With respect to my further addition, so you think my case fits into that or still seller needs to ask for courts permission. And if so How much time would it take to get the permission, can it be granted on fast track basis. Thanks

Hello All respected experts, I request you to please if you could respond to my query as the deal is stuck up due to this issue. Your responses will make me comfortable to deal further.

@Querist:  Where ever the immovable property desirous of disposal by selling involves minor children interest, it is mandatory to obtain permission of court for such an act by the guardian of the minor children giving bonafide and justified reasons to do so.  The referred judgement do not fit your case, it is different from the query you have posted. Do not be misguided by listening to ill knowledge people's opinion.

Thank you Mr T Kalaiselvan.

Nothing to be added since expert have all ready explain it in detail.