Karthik 04 July 2024

Property related - grandfather owned

Dear Sir/Madam,

My grandfather received ancestral property thru partition deed as of 1939. My grandfather's part was partitioned among my father and his brothers using a partition deed as of 1996. My grandfather and my father have passed away. We are trying to sell the propertty and the buyer is asking for a legal heir certificate to prove that all the heirs were accounted for in the 1996 partition deed. We do not have legal heir certificate for our grandfather.

Could you please let us know if there are any alternate ways to prove the legal heirship.

Thanks

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 04 July 2024

If you do not have the legal heirship certificate, then you can try to obtain one, however if you are not able to procure the legal heirship certificate in respect of the legal heirs of your deceased grandfather, you can inform the buyer about it and find a new buyer instead.

This do not fall under the ancestral category of property when the property was inherited by your grandfather by a partition deed among his siblings and further it was divided among his children by a partition deed during the lifetime of your grandfather.

You make sure that your father was alive at the time of this partition in the year 1996, if not then you may have to obtain a legal heirship certificate indicating the legal heirs surviving your grandfather

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P. Venu (Advocate) 04 July 2024

To my knowledge, there is no mandatory requirement that execution of a partition should be based on legal,heir certificate. It is a question of fact as to who are the legal heirs and this aspect forms part of the recitals in the partition deed.

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Karthik 05 July 2024

Thanks for the clarity sir.