Issue in Legal Heir Certificate

Question

Issue in Legal Heir Certificate

15-Jun-2023 (In Family Law)

Hi,nMy father died. We three (2 sons and our mother) are legal heir of our father and all three are alive. Any of three legal heirs did not apply and collect the legal heir certificate of our father. However, our aunt has applied and collected the legal heir certificate for my father without informing us and not giving that to us. Is it legal? Can we file a case against it? Please advise.

Answers (4)

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Adv. Priyanka Singh Adv. Priyanka Singh

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Advocate Aveek Bose LawRato · Accepted Answer · 2022-06-15T20:55:13+05:30

Answer #2

you can go and contest the case against your aunt before the learned court if you have details of the same and take necessary steps in accordance with the law, there is nothing to worry if you all become a party to it and it will become impossible for your aunt to get orders

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Advocate Kanina Chatterjee LawRato · Accepted Answer · 2022-06-16T00:22:38+05:30

Answer #3

legal heir certificate is actually a declaration in the form of affidavit which can be done by any of the legal heirs on behalf of himself and all other legal heirs. If the declaration of legal heir is used for any transfer of property or other purpose and is found to be false then he or she is guilty of criminal offence and the deprived person or the victim can take legal action against him or her.

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Advocate Tanmoy Chattopadhyay LawRato · Accepted Answer · 2022-06-18T07:56:17+05:30

Answer #4

collecting a legal heir certificate does not confer any right upon the person collecting. the legal heir certificate should be challenged if such legal heir certificate contains wrong or misleading endorsement. hence it is suggested that you should first obtain a legal heir certificate by yourself and second if you suspect that the legal heir certificate obtained by your aunt does not contain your names then file an rti to obtain the copy of such legal heir certificate and challenge it before the court.

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