Advocate R Jayakumar

Questions Answered by Advocate R Jayakumar

Q: How to apply for legal heir certificate

Dear Sir/Madam, Father expired 9 years back, now need to apply for Legal Heir Certificate through my Mother. I would like to know the process, procedure and where to apply. We are residing at Perambur, Chennai

Advocate R Jayakumar answered
File a Declaration suit before the city civil court for obtaining legal heir certificate, for that you need to obtain a certificate from concern tahsildar and then file a petition before the court with help of an Advocate at your place.

Q: Can guardian mortgage property minor's share for minor's benefit

A mother mortgaged a property in which she is having 2/3 share and minor child having 1/3 share She had mortgaged property declaring for education purpose of minor child.I want to know whether a natural guardian can mortgage the property for the benefit of minor child?

Advocate R Jayakumar answered
With out permission of the concern jurisdiction court you can not sell, mortgage minor's property, if you want to mortgage minor's property for welfare of the child you need to file a Permission petition before the district court to obtain permission

Q: What is the procedure of proving I am a daughter of my father

My father has 2 wife's and i am the only daughter of my mom who s the first wife of my father. He left us when i was 6 months old and married a second wife, she has 3 childrens. now i am 45 years old and I dont have any other proof as his daughter except school certificate which he signed me as his daughter. What is the procedure to get the official / legal proof as his daughter and to work towards getting my share.

Advocate R Jayakumar answered
If you have your birth certificate you can easily prove, otherwise you have school certificate which reflects his name as Father so that's enough and more over your father had signed in your School certificate so you can prove with help of school certificate

Q: Limitations of a gift deed and validity of no objection in gift deed

We are Hindus in chennai.i have bought a house in my daughter's name, she is 30. in case something happens to her, i want the house to come to my name and no one else should claim it or i should not have the work of getting No objection etc. what is the best way of doing it. what are the limitations of a gift deed in this regard.

Advocate R Jayakumar answered
Get a Registered WILL in favour you, that is the best way, after life time of your daughter the property which you bought in your daughter name will automatically come to your hand, otherwise succession will open as per hindu law

Q: Can a legal heir certificate be applied again to claim property share?

my brother forced my mother to get legal heir certificate without adding my name and sold 1 property after my fathers death. can i apply again a legal heir certificate to add my name to claim property share?

Advocate R Jayakumar answered
You have to file a writ petition before the High court of your Jurisdiction for cancellation of the earlier legal heir certificate which was issued without your name and get an order to include your name and obtain fresh heir ship certificate