• Place to file application for issuing legal heir certificate

I belong to Davangere town. Father passed away on 2007. There is a site bought by my grandfather in father's village adjacent to Davangere. The papers of the site are with my uncle who is not in good relationship with us.Till father was alive he did not take any initiative to get half of the property registered in his name. As it was my grandpa's self-acquired property, I believe we (grandchildren) will have entitlement to our fathers share. 1. How can we go ahead for getting the papers from my uncle and initiating discussions for partition and Khata transfer?

2. Mother was a Govt teacher. After serving in Davangere, she got request transfer to a vilage in Hassan district and retired. Myself and my younger sister are the only children (No brothers). Mom lived with younger sister's family in Mysore after retirement. Mom passed away this month and has left only movable assets consisting of little gold, little silver items and some bank accounts for which she had made my younger sister the nominee. In order to claim my lawful half share, I would like to get an heirship certificate from the tahsildar's office. So where should I submit the application for heirship certificate - Davangere, Mysore or Hassan?  Will heirship certificate be enough or should I go for succession certificate to claim half of the money that my sister gets through the virtue of being a nominee? If so, where should I go for filing succession certificate? Kindly suggest. Thanks in advance.
Asked 4 years ago in Civil Law from Bangalore, Karnataka
has property been transferred in name of your father and uncle after death of grand father  ?if so enclose copy of your father death certificate . make application for mutation in your name and that of your sister for your father share . 

if property not yet transferred in name of your father and that of uncle 

. you can settle issue amicably . call upon your uncle . prepare deed of family settlement . have it duly stamped and regd . if uncle not agreeable for family settlement then you can file partition suit . 

you have to obtain succession certificate for money lying in bank account , other movable properties . contact a local lawyer to find where you have to file .
Ajay Sethi
Advocate, Mumbai
45747 Answers
2692 Consultations

5.0 on 5.0

it seems that your uncle has also not got the property in his name.you can speak to him and if does not agree in that case sens him legal notice for your share in the said property.

if all the moveables  and bank account is in  mysore,it is better you file in mysore
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

the only option you have is to demand a partition by metes and bounds from your uncle, if he refuses, send him a legal notice, if he does not reply to that also, then go ahead and file the partition suit, at Davangere District court, the property is located in the same district right.
In so far as the other issue is concerned, as rightly pointed out by the other experts, file a suit/case for succession certificate in the place where you reside, or where the movable properties are located, take an NOC from your sister before filing the said case.
Kiran N. Murthy
Advocate, Bangalore
999 Answers
89 Consultations

5.0 on 5.0

1. Was the property recorded in the name of your father after the demise of your grand father, and in favour of the heirs of your father subsequent to the death of your father? This can be ascertained from the registrar's office. 

2. Since the papers related to this property are in the possession of your uncle with whom you are not on good terms I have my doubts as to whether that the latter will agree to give to you what is your lawful share in the property. In such a scenario it will be wise for you to move the court for division of property and culling out your share therein. 

3. As regards the money lying in the bank account of your mother you shall have to obtain a succession certificate from the court, whereafter the money will be released..
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

we have number of experts from kaanoon .com based in bangalore . contact any of the experts and file for succession certificate for moveables and partition suit for division of property
Ajay Sethi
Advocate, Mumbai
45747 Answers
2692 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer