savithrikarthy 10 September 2016

Issue in legal hiership certificate

Dear All,

I need a solution for this issue, kindly advice

Mr. Raja is residing in US for almost twenty years. Some 15 years back his mother was expired in India. Mr. Raja had 2 sisters who were married of which one is a widow. Both sisters have no children. Mr. Raja suspects that his name has not been included in the Legal heirship certificate where he believes that his brother in law played a fowl game by not including his name purposly. Mr. Raja came to know about this recently, but he havent got any copy of Legal Heirship certificate to validate the fraud done by Brother in law. Now, Mr.Raja wants to get a copy of that Legal Heirship certificate which was issued some 15 years back. i solicit your advice on how to address this issue and hlep me with the ways of getting that Legal heirship certificate which was issued...... and if there is any discrepency how should i validate my stand on this...Thanks

Regards

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6 Replies

Kumar Doab (FIN) 11 September 2016

Any transaction founded on fraud is Fraudulent.

Legal heir is issued by then designated authority say Tehisldar.

Approach designated authority.

May puruse even RTI route.

It is believed that deceased female was Hindu.

Legal Hiers of Hindu female; In case of self earned/acquired/absoloute property; Firstly:Husband, sons ,daughters.

In case of property acquired from husband:sons ,daughters.In their absence heirs of husband.

In case of property acquired from father, mother:sons ,daughters.In their absence heirs of Father.

If the legal hier certificate has been submitted to get her estate/property get copies of mutatiuon record and link documents from authority/revenue authority say; patwaari.

If you are unable to handle approach a very able counsel specializing in family/property/revenue/civil matters.

G.L.N. Prasad (Retired employee.) 11 September 2016

Legal heir certificate has to be applied as per laid down procedure. After receiving application , Tehasildar deputes officers for investigation and then the certificate will be issued.

There is no bar for applying for Legal heir certificate by Mr.Raja.

The tit for tat method to be employed is applying for Succession certificate from competent court, by giving a list of all immovable and movable properties belonging to his father. Again those properties must not be bequeated through a will and in absence of a written/registered will, his wife, his son and daughters have equal share in deceased property.

Obtaining legal heir certificate on sppression of facts in women's names is risky and also criminal offence. Hence, it might be a mere suspicion only. List out the properties, and then apply for the present status of the property in Govt. records under RTI .(In whose name the property stands as on date, whether there was mutation)

Any friend can seek such information in India under RTI Act. First acquaint with the facts and then plan further action.

G.L.N. Prasad (Retired employee.) 11 September 2016

There is a misconception about Nomination that the entire Bank / insurance amounts belong to the nominee. The nominee is just a trustee and is accountable for other legal heirs, and should not treat that amounts as exclusive to him / her alone.