The landed proeprty is at present in the name of father,mother and aunty(uncled dead in year long back after 10 months of marriage of my aunty) and Initially the landed property was in the name of father and uncle in 1930. After the death of uncle it was jointly in the name of father and aunty. I am only survivor of my parents and aunty(having no child). To file a civil suits for IInd tier heirs or successor and title suit to be filed. Kindly advice under the above genelogy having two brother of only One father(Grand Father). No brother/sister of my grand father. I am having death certificates of all three above and legal heir of my FATHER. not Uncle. Tahasildar drop the case after my mututation application and advise for SUCESSION CERTIFICATE or TITLE from CIVIL COURT. I am only child of both. No brother and sister. !) Who will be defendant in my case besides the villagers or my distance relatives for oral evidence. 2) No death certificates can be issued from NAC or Medical for my UNCLE who died in 1936.No records available in MEDICAL and Muncilpality. Can VICE CHAIRMAN,MUNCIPALITY issue a letter for death certificate purpose giving the year 1937 as ascertained under local enquiry. which will faciliate the judge to decide. 3) What is the chances of decree in my favour to transfer property in my name, ough there is no claimant for above property. and all my above three were maintained and taken care by me till their death.
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Lawyers are available now to answer your questions.
1) apply for and obtain letters of administration from district court
2) enclose death certificate of father , mother , aunt
3) succession certificate is only for movable debts and securities
4) for immovable property you need letters of administration
5) contact a local lawyer
1. In these circumstances you should apply for letter of administration.
2. Succession Certificate is required to only realise liquid assets.
3. The other heirs will be the defendants.
1. Since you have applied for legal heirship certificate with the Tahsildar to declare the legal heirs of the deceased, and the tahsildar has refused the same, the defendant shall the Tahsildar alone.
Moreover since there is no one in sight to claim as successors to deceased, you may publish a publication of the same in the newspaper calling for objections from general public to declare you as the successor to the deceased, which will solve the issue,
2. The municipality if was existing at that time, it may issue a certificate or else you may have to apply for direction to the authorities to issue death certificate before the concerned judicial magistrate court.
3. Once you obtain the above certificates, you may succeed the properties as a legal heir/successor in interest by the order of court..
