• Legal heir certificate issue

My father has two wife's I'm first wife daughter ,my mother died my father have 3 sons and 2 daughter thru second marriage,my father died in 1992,second wife get legal heir certificate with her sons and daughters name my name is missing and sold my grand father property,if possible to cancel the legal heir certificate add my name and give any legal compliance against them...
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Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

File suit to set aside sale deed executed by second wife and her children 

 

2) you have one seventh share in property 

 

3) also apply to authorities for setting aside legal heir certificate issued as your name is not reflected as legal heir 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

Yes,  First take the injunction from court on sale deed of property and stop the sell transaction informing to SRO.

 

You are eligible to get 50% share of you father's property as per the Indian Succession Act, Class I heirs list.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Since the property inherited by your husband was ancestral and he died intestate you have equal rights with your step mother and step siblings. 

2. Now if any property is still left or all are sold then without delay file a suit for partition and injunction and for setting aside of the sale deed. 

3. Legal heir certificate does not have much significance and you can also get similar certificate by making fresh declaration. 

 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Yes u can get by showing family chart... Because u can also claim your right

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

Please file Succession certificate making all if them a necessary party to your step mother and all her children for division of property as Hindu Succession Act 1956.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

You are entitled to the share of ancestral property. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Which year property sold ? 

You have equal share in the property I.e 1/7share each. You should have filed suit for cancellation of sale deed.

Legal heir certificate is forged and invalid without you mention as legal heir.

You should submit your objection to LHc issuing authority and request them to file FIR agaisnt wife for submitting false and incomplete information to obtain favorable LHC.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

It is suggested that you file the suit of declaration against the step mother and the said buyer of the property and ask for the share in that property.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

First, please make a written request to the Tahsildar who had issued the legal heirs certificate asking for inclusion of your name. If refused, complain to his higher authorities such as the DRO and the District Collector. If still there is no remedy, you may approach the High Court under its Writ jurisdiction for suitable directions to the authorities concerned.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

Firstly the sale of property that your father left behind without giving a share in the sale consideration amount is illegal and invalid.

You do not have to cancel the legal heirship certificate.

You can file a partition suit seeking partition of entire property and to allot one such equal share in the property with good and bad soil and separate possession.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

File a partition suit. You will get your share.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

seek court order for declaring the legal heir certificate as null and void. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to file partition suit against your step mother and siblings to claim your share from properties of your father. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It can only be cancelled if obtained by fraud, misrepresentation and giving incomplete knowledge to court

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

A suit for cancellation of sale deed must be filed immediately making them parties.

A criminal complaint against them must also be filed for fraud and forgery and cheating.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No it's not possible.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

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