This is Meeran from chennai, i want to clear my doubt & also get a clear idea about the legal heirs in hindu law.
Actually my friend died in August 2010, his wife predeceased him in October 1999. My friends father also predeceased him in November 1972 & his mother predeceased him in July 1976.
My friend has 1 younger brother, 1 elder sister & 1 younger sister, they have done all the funeral ceremony & they also applied for the Legal Heir Certificate to the Revenue Department, but the Revenue Inspector/Tahsildar inspected my friend's brother & sisters & finally refused to give the Legal Heir Certificate, but they issued a letter stating that “The applicants are not the Direct Legal Heirs for my friend, so the application has been rejected & hence the legal heir certificate cannot be issued"
Then they approached their lawyer & under the guidance of him, as per The Hindu Succession Act, 1956 (Distributions of property among heirs in class II) that is the property of an intestate shall be divided between the heirs specified in any one entry in class II of the schedule so that they share equally. Since class I (Direct/First Category Legal Heirs) ie) Wife/Son/Daughter/ Father/Mother are not applicable for my friend, the Sisters & Brother are the applicable class II (Second Category Legal Heirs) & no other Legal Heirs & Legal Representatives are there for my friend. Hence the brother & sisters are the only Surviving class II (Second Category Legal Heirs) for my friend, they have all the absolute powers, rights & enjoyment of my friend property.
Having absolute rights of class II (Second Category Legal Heirs) they had also sold 2 residential flats which belongs to my friend. Both the sales has been executed as a absolute sale of deed & it has been registered in the Sub-Registrar office of Chennai city. Also the 2 sisters due to thier old ages, had appointed thier brother as a Power of Attorney Agent by a Register General Power of Attorney deed, Registered at Sub-Registrar office of Chennai to do all the acts, deeds & following things in respect to the properties of my friend.
Apart from this 2 properties my friend has some bank accounts & shares in his name, when they approach the banks & trading company, they are telling to get order(sucession certificate) from court stating that they are the successors/legal heirs for my friend, if the Tahsidhar refuses to give Legal heir certificate.
What is the procedure to obtain the order (succession certificate) from court ?
How much time it will take to obtain the order (succession certificate) from court ??
Is there any other option to close & claim the bank accounts ?
Kindly reply to my questions, waiting for a favourable reply from the forum. Suggestions & feedbacks related to this issue/topic are welcome.
Thanks in arvance to all the users.
Thanks
Meeran
