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Does brother counted in legal hair


06-Jun-2023 (In Family Law)
My brother was married and have 2 kids. He passed away last year and we need to get hair certificate.nMy brother and I own 2 flats and 1 plot with equal shares both. nI do not live in india. So question is am i needed to get legal hair certificate and do i even get counted in legal hairs?
Answers (2)

Answer #1
901 votes
Well, if you are a Hindu, then, as per the Hindu Succession Act, you are not falling within the Class - I Legal Heirs to claim the share of your Brother in the Land and in 2 flats which you were owning with him jointly.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
663 votes
hi As mentioned your late brother had left behind him his wife and two kids. And you jointly own flats and plot in equal share. you can obtain the legal heirs certificate only for the 50% share of the property that was owned by your brother. you will not be counted as a legal heir for your brothers 50% share. his legal heirs will be his wife and two children
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Advocate Dilip G Bhandari

Adv. Dilip G Bhandari

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