Kanan 26 August 2015

Remove name from legal heir certificate

My father left a house without a will when he passed away in 1996. The legal heir certificate obtained in 1996 has my name (son), 2 elder sisters’, and my mother name as heirs. My eldest sister got married in 1986 and second elder sister got married in 1994. I have already reached settled with my mother and second elder sister but my eldest sister is not willing for any settlement and demand the property be sold which I’m not in favor. The negotiation is going on for 19 years now. We live in Chennai, Tamilnadu (TN) and according to Hindu succession Amendment act passed by Govt. of Tamilnadu (TN) in 1989 only unmarried daughters on or after 1989 act will be successor of the undivided property. The question I have is as per the 1989 TN amendment law my eldest sister is legally not a heir when my father passed away in 1996 as she got married in 1986 but somehow her name is part of legal heir. What legal options are available to remove her name from the legal heir certificate? Please let me know.

Thank you!

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4 Replies

saravanan s (legal advisor) 26 August 2015

dear kannan its applicable for only ancestral property whereas the one you are talking about is self aquired property of your father.so both your sisters are class 1 legal heirs and entitled for claim in property

Kanan 26 August 2015

Thank you Mr. Saravanan. Just to clarify...The land belong to my grandfather and my grandfather gifted the land to my father in 1975 by Deed of Gift Settlement. My father put up a construction in 1976 out of his earning. Does this still considered a self earned property?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 August 2015

Yes. Once it was gifted and registered the document with sub-registrar. it become self acquired property.

Registering a gift deed with the sub-registrar of assurances is mandatory as per Section 17 of the Registration Act, 1908, failing which the transfer will be invalid. Besides, such a transfer is irrevocable. Once the property is gifted, it belongs to the beneficiary and you cannot reverse the transfer or even ask for monetary compensation.

Kanan 28 August 2015

Thank you for your reponse. So what other legal options are available for me to retain the property as whole other to partition 1/4 or pay ransom for the share?