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What can stop from getting a legal heir certificate
21-Jan-2023 (In Documentation Law)
Happen to be the lone son of my fathers first wife. He expired in 1991. My father has a property in Chennai in the name of my stepmother. She has 2 sons and 1 daughter. She expired in 2016. She has made a settlement which is registered and mentions equal share for all the 4 children. Will I be able to get a legal heir certificate. In case I do not get it, will it affect the settlement?
Thanks in advance for your views.
G S RAO - http://lawrato.com/lawyers/bangalore?
By "settlement" do you mean Will? If it is a Will and is registered, then you are entitled to your share even in the absence of a legal heir certificate. Unless she had adopted you or your father had left you a share, the legal heir certificate would not be required. If the Registered document stipulates division of the property in "equal share for all the 4 children" which includes you, then you are entitled to it.
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Dear Querist,
Have u had access to the Settlement deed doc., u must be sure if the settlement is in all the 4 children name, if so, u dont need to get a legal hiership certificate. However, if u want to sell it, u may have to produce the legal hiership certificate. Since the property is in u r fathers name u shud get it, other 3 children should cooperate with u.
Regards,
Pratap
www.Jailegal.com
Have u had access to the Settlement deed doc., u must be sure if the settlement is in all the 4 children name, if so, u dont need to get a legal hiership certificate. However, if u want to sell it, u may have to produce the legal hiership certificate. Since the property is in u r fathers name u shud get it, other 3 children should cooperate with u.
Regards,
Pratap
www.Jailegal.com
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Adv. Pratap Kumar
Bangalore | 200+ Answers
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