• Legal heir certificate

We have 3 legal heirs in the certificate issued by the revenue department Chennai 
however one of the legal heir has expired . please advice on how to remove the legal heir name 

Adding property belongs to my Dad who expired few years back and the property is not transferred to any of the legal heirs . ( as per legal heir certificate issued by revenue dept at that time there are 3 names and currently out of this one of the legal heir has expired)

please advice,,,,,
Asked 1 year ago in Property Law
Religion: Hindu

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7 Answers

If one of the legal heirs was alive at the time of issuing this certificate then his name cannot be removed from the legal heirship certificate now.

If the deceased legal heir was married then his or her own class I  legal heirs would succeed to the estates of the deceased legal heir by obtaining a  legal heirship certificate with regard to the deceased legal heir. 

If the deceased legal heir was unmarried and not survived by any class I legal heirs then his share of immovable property shall devolve on class II legal heirs 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

If he is expired his share will automatically go to his legal heirs. For removing his name you have to again approach the authority

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

On date of application of legal heir certificate there were 3 legal heirs 

 

hence their names have been reflected in legal heir certificate 

 

on demise of one of legal heir you have to apply for and obtain legal heir certificate from the revenue authorities for said legal heir 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

- As per law , after the demise of father intestate , his property would be devolved upon all his legal heirs equally , even one of the legal heir is expired. 

- Further, the share of deceased legal heir will be devolved upon his wife and children if he was married ,otherwise if he was unmarried then his share will be distributed amongst other legal heirs. 

- However , for removing his name from Lega heirs certificate , you can move an application for Removal of deceased name , before the Revenue department from where this certificate was issued , and submit the death certificate.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear client,  Write a request letter to the Tahsildar, requesting that your name be removed from the legal heir certificate and providing sufficient reasons for the misentry. If they do not take action, they should approach an advocate and send a representation to the same authority to take action.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Dear querist, in relation to your query my advice is as follows:-

1. The Legal heir certificate reflects three names, out of which one heir is no more, so you can apply for another legal heir certificate, and submit death certificate of the deceased legal heir. 

2. In the current scenario, as per your query, the name of deceased person will be substituted by his legal heirs. Submit the name of surviving legal heirs of the deceased person as well. 

2. After completion of the above-said procedure, you can transfer the property in the name of concerned persons. 

Feel free to call, if needed. 

Puvali Singh
Advocate, Delhi
40 Answers

5.0 on 5.0

The legal heirs certificate issued upon the death of your father cannot be altered. The legal heirs of the deceased person shall also be entitled to claim their shares in your father's estate.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

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