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Anand Sankar (Engineer)     10 June 2013

Legal hier certificate

Hi,

I would like to get clarification on the following issue.

My deceased grandfather has a deceased son (my uncle) and another son (my father) who is alive. My grandmother is also alive. My uncle expired before my grandfather. My grandfather wrote a registered will before he expired stating how the properties needs to be distributed.

 

After my grandfather's death, my grandmother and father had applied for a legal hier (or succession certificate) from the local authorities. The certificate mentioned my grandmother's and my father's name alone in the certificate (wherein it should have mentioned my uncle's name as well). Now the sons of my Uncle are disputing on the certificate and filed a case (as per the police, this is under section 420) and called for a court hearing.

Please advice what is the implication of procuring a legal hier certificate which missed the name of my Uncle? How do we get rid of the situation?

 

Regards,

Vijay



Learning

 3 Replies

Advocate Rohit (Advocate)     10 June 2013

You may give the share to the legal heirs of your uncle as per the registered will by way of registered gift deed or you may apply for rectification of the legal heir certificate before the authorities. Regards, Advocate Rohit Dalmia 9324538481 Mumbai

Anand Sankar (Engineer)     10 June 2013

Thanks for the response, Mr. Rohit.

The registered will states that, as long as my grandmother is alive, she can enjoy the properties. Is there a way, my grandmother can give a gift deed to the sons as stated in the will?

 

Regards,

Vijay

Advocate Rohit (Advocate)     10 June 2013

kindly provide me with the copy of the will so that i can provide you with the proper legal opinion. Regards, Advocate Rohit Dalmia 9324538481 onlyrohit2003@yahoo.co.in mumbai

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