• Legal hair

My father is dided in 1987 we have mother alive we are three children 1st son my brother was expired 2nd my sister was married he is settled in hyderabad i am the lost son of my father i am residing at kakinada . my question is we are not applying for legal heir certificate . who is the authority of my family what members names include in legal heir certificate . if my mother is authority of my family can she deside the legal heirs what is the procedure according to law please explan sir
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

Your mother can apply for legal heir certificate

2) the name of class I legal heirs should be mentioned in legal heir certificate

3) your mother cannot arbitrarily exclude some legal heirs

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

After the demise of your father as per Hindu succession act your mother and your siblings are legal heirs .Any of the member can file application for getting legal heirship certificate .

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

The legal heirs of your father are his widow and children. The share of your brother who died has devolved further on his legal heirs i.e widow and children. All the legal heirs should apply for a legal heir certificate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The legal heirs would be all his children . If any of them then their children would be named in the certificate.

2. In Tehsildar's office such certificate is issued.

3. if not then you can apply for succession certificate from court.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

according to Hindu personal law, a widow (your mother) has limited interest in her husband's property. children of deceased father are the legal heir and they are called heir of 1st tier. in absence of children his widow has right over the property.

you should prepare family register or succession certificate in the name of children (your siblings) and mother. absolute right will vest in children and a portion of , limited right , vest in your mother.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

your elder brother has died so his children has accrued right to acquire his father's share in the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

For getting the properties of your father who is reported to have died intestate, you can obtain legal heirship certificate.

The legal heirs shall be your mother, yourself, your sister, the legal heirs of your deceased brother.

However it may be too late for obtaining legal heirship certificate of a person who has died in the 1987, but you may approach the revenue department for this.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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