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


07-Sep-2023 (In Property Law)
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?
Answers (4)

Answer #1
578 votes
hello sir/madam, you cannot apply for a fresh legal heir certificate. Instead you could approach the concerned authority with a complaint that you have been purposely left out by your brother while applying for legal heir certificate and submit relevant documents to corroborate the same. Then an enquiry would be conducted by the relevant authority towards the same. You could approach the court of law seeking a declaration that you are also one of the legal heirs of your deceased father and further seeking a direction to the relevant authority to include ur name in the certificate and further to declare the sale as null and void to ur extent share alone. Even though he would have sold the property, he has no right to sell ur share in the property assuming you are a male. The same would be different if you are a female.
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Answer #2
991 votes
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
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Advocate R Jayakumar

Adv. R Jayakumar

LawRato Coimbatore | 25+ Answers
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Answer #3
794 votes
Hi sir/madam. It is very deficault to apply legal heir certificate again. Better you file the case against your brother and mother, It's there any possibility your mom support you
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Advocate D Parthibhan

Adv. D Parthibhan

LawRatoChennai | 400+ Answers
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Answer #4
927 votes
Sir, First consult an Advocate to sent notice to the buyer of the sold property, stating that you also one of the legal heirs and having right and share in that property. As far as legal heir certificate is concerned you approach authority concerned by making written representation stating that, you name had been omitted and request them to cancel the previous certificate and issue new one.
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Advocate B. Thirunavukkarasu

Adv. B. Thirunavukkarasu

LawRatoChennai | 100+ Answers
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