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How to resolve legal heir certificate Issues


28-May-2023 (In Civil Law)
Hello Sir, I applied legal-heir certificate and in legal-heir certificate, me and my both in-laws are included as i don't have any kids. My inlaws are financially very strong and have much property and have two sons excluded my husband. Now the matter is my husband has five plots in his name as it is my husband's self acquired property. Now we mutations the plots in our name so it divided into three parts as me and my mother in law and father in law. But In our Tahasildar told inlaws shoudl not be have in legalheir and not to take the shares of son as they have financially very strong and have more two sons and inlaws only for maintaince, not for share. I dont know what to do.i was misguided alot. Now the tahasildar gave me idea to cancel inlaws name the legaheir heir to file a petition and take one more fresh legalheir. is it possible to cancel the legalhier of both inlaws name????
Answers (4)

Answer #1
824 votes
Yes it is possible to review the legal heir certificate as per the miscellaneous certificate rules I.e. RMC case filed before the concerned Tahasildar. That as per the Hindu Succession Act the class one legal heirs of the Hindu male dying intestate are mother, widow, son, daughter and few other but not in laws.
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Advocate Rajendra Kumar Senapati

Adv. Rajendra Kumar Senapati

LawRato Rayagada | 50+ Answers
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Answer #2
752 votes
Class I heirs are sons,daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.Class II heirs are categorized as follows and are given the property of the deceased in the following order: Father Son's / daughter's son Son's / daughter's daughter Brother Sister Daughter's / son's son Daughter's / son's daughter Daughter's / daughter's son Daughter's /daughter's daughter Brother's son Sister's son Brother's daughter Find out yr status
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Advocate Tapan Kumar Behera

Adv. Tapan Kumar Behera

LawRatoBhubaneswar | 25+ Answers
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Answer #3
530 votes
As per the provisions of Hindu law your father in law will not get any share from the landed property . You are advise to file review petition to correct the legal heir certificate or file petition in high Court for quick remedy
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Advocate Durga Prasad Jena

Adv. Durga Prasad Jena

LawRatoCuttack | 200+ Answers
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Answer #4
615 votes
Only mother in law will be the legal heir with you. Tahsildar has given a right idea. Again you apply for a new legal heir before Tahsildar as only legal heir. Then apply for mutation. Your in-laws are entitled to get maintenance.
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Advocate Manas Ranjan Bhanja

Adv. Manas Ranjan Bhanja

LawRatoSambalpur | 25+ Answers
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