Issuance of Gazette Legal Heirship Vertificate in UP

938 votes

The Legal Heirship Certificate issued by SDM Ghaziabad is valid for movable assets like bank deposits, but Kerala authorities often demand a specific format. *1. For Mother's inclusion:* Under Hindu Succession Act 1956, mother is a Class-I heir along with wife and children. If your brother died intestate, mother is definitely a legal heir. SDM Ghaziabad may have excluded her if she gave a relinquishment. You need to file for a fresh Legal Heir Certificate including mother, or mother can file an objection to the existing one. *2. For Gazette Legal Heir Certificate:* Kerala authorities demand this for immovable property. You must apply to the Tahsildar/Revenue Dept in Kerala with: Death Certificate, existing SDM certificate, ID proofs, and affidavit of all heirs. They will publish it in Kerala Gazette. *For Joint Property:* Your share in jointly held property with brother does not pass to his heirs. It belongs to you by survivorship. Family property with mother will be divided as per your share. *Action:* Immediately file an application before Kerala Tahsildar for Gazette Legal Heir Certificate including mother, wife, children. Also get a Succession Certificate from civil court if banks demand it. --

Advocate Shamma Perween LawRato

757 votes

The Legal Heirship Verification issued by the SDM is only an administrative document and does not conclusively determine succession rights. If your late brother died intestate, all Class-I legal heirs under the applicable succession law must be reflected in the legal heir certificate. Therefore, if your mother is a surviving Class-I heir, the authorities are justified in seeking her inclusion. You may apply before the competent authority for correction/addition of your mother’s name in the legal heir records and obtain a comprehensive Legal Heir Certificate showing all eligible heirs. If the authorities in Kerala specifically require a Gazette-notified or legally recognized heirship certificate for mutation or transfer purposes, you may have to comply with the local procedural requirements or obtain a Succession Certificate/Declaratory Order from the competent court, depending on the nature of the property and the authority’s requirements. Since the properties are jointly held, only the deceased’s share will devolve upon his legal heirs, while the shares of the surviving co-owners remain unaffected. The exact course of action will depend upon the applicable succession law and the nature of the properties involved.

Advocate Rahul Kumar LawRato

868 votes

The Legal Heirship Verification/List of Family Members issued by the SDM, Ghaziabad is only an administrative document identifying the surviving family members of your deceased brother. It does not determine title to property or exclude any lawful heir under succession law. If your brother died intestate (without a will) and was governed by the Hindu Succession Act, 1956, his Class I heirs would ordinarily include his widow, children, and mother. Therefore, if your mother is alive, her name should also appear as a legal heir. The omission of your mother from the SDM-issued verification may create difficulties before authorities in Kerala and should be corrected. You should apply before the issuing authority (SDM, Ghaziabad) for rectification or issuance of a revised legal heir/family member certificate by producing proof of your mother’s relationship with the deceased, such as birth records, family register, Aadhaar, ration card, or other supporting documents. If the SDM declines correction, an appeal or appropriate representation may be made before the competent revenue authority. Regarding the demand for a Gazette Legal Heir Certificate, there is generally no central statutory requirement that legal heirship must be established through a Gazette notification. However, individual departments or registration authorities may insist upon a particular form of proof. You may seek a written communication from the Kerala authority specifying the legal provision under which such a Gazette certificate is required. If necessary, a succession certificate, legal heir certificate, or declaratory decree from a competent civil court may be obtained to conclusively establish the heirs. Since the matter involves transfer or mutation of jointly held properties in different States, consulting a local advocate in both Uttar Pradesh and Kerala would be advisable to coordinate the correction and property-related proceedings.

Advocate Lalit Saxena LawRato

737 votes

you have got a legal heirship of my late brother issued by sdm ghaziabad your has a property jointly without your mother and myself authority in kerala are demanding the insertion of your mother as the legal heir

Advocate Spiti Sarkar LawRato