• Legal heir certificate

Father has expired and have a legal heir copy issued in chennai in 2017 in tamil (handwritten and attested by talisdhar)

Grandfather share of property which got transferred to my fathers name
Grandfather property is in Karnataka 

however when we approached for transfer to the legal heirs names they said they need a english copy attested by talsidhar and not a notarized english copy.

We approached Revenue office in chennai for this however there seems to be no solution.Please advice if there is an alternative to this.
Asked 1 year ago in Property Law
Religion: Hindu

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15 Answers

Has  revenue office refused English translation of legal heir certificate 

 

2) kindly clarify 

Ajay Sethi
Advocate, Mumbai
96975 Answers
7829 Consultations

You can get translated copy attested from a gazetted officer or SDM in alternate. 

Siddharth Srivastava
Advocate, Delhi
1354 Answers

The revenue authority such as the tehsildar is the competent person to issue a legal heir certificate in Tamil Nadu. If requested, the tehsildar will issue such a certificate in English, as in Tamil Nadu both Tamil and English are alternate languages in government communications. There is no bar in the use of English. If a proper approach is made, you can easily obtain the certificate in English.

Swaminathan Neelakantan
Advocate, Coimbatore
2917 Answers
20 Consultations

You can file complaint at Tahaildar office if they are not issuing else approach court

Prashant Nayak
Advocate, Mumbai
32493 Answers
201 Consultations

You can submit an application to the concerned Tahsildar where this certificate was issued and request for a an English translated copy of the available legal heirship certificate because you require it for acquiring the property located in Karnataka state.

If the Tehsildar is not obliging then you may approach the RDO  with a similar application, who will in turn direct the Tehsildar concerned to do the needful.

You can in your application mention that the €Karnataka authorities insist on the Tahsildar attestation in the translated copy.

T Kalaiselvan
Advocate, Vellore
87175 Answers
2341 Consultations

Dear Client,

In Tamil Nadu, the tehsildar is the government authority responsible for issuing legal heir certificates. If you request it, the tehsildar will issue the certificate in English, as both Tamil and English are official languages in the state. There is no restriction on using English in government communications. If you make a proper request, you can easily obtain the certificate in English.

 

Anik Miu
Advocate, Bangalore
10182 Answers
120 Consultations

You can give representation stating the above facts that you need the LR Certificate in English and wait for a week time. If he fails to do so then you have to approach the Court

S Shree Narasimhachaary
Advocate, Chennai
21 Answers
4 Consultations

- When a person suddenly dies intestate i.e. without leaving a WILL , then a Legal Heir Certificate is required for claiming the properties & assets of the deceased to his family members /legal heirs. 

- Since, that certificate in Tamil , hence you can get that certificate translate into English from the certified Translator for submitting the same before the Revenue officer in Chennai. 

- Further, the second option is to move an application before the Tehsildar office who has issued that certificate in Tamil , and request therein to issue the same in English. 

Mohammed Shahzad
Advocate, Delhi
14523 Answers
221 Consultations

Being class 2 legal heir under Hindu SuccessionAct, it would be your sister's daughter who would inherit your property. 

Siddharth Srivastava
Advocate, Delhi
1354 Answers

CLASS IInd HEIRS

  1. Father
  2. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
  3. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.
  4. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
  5. Father's father; father's mother.
  6. Father's widow; brother's widow.
  7. Father's brother; father's sister.
  8. Mother's father; mother's mother
  9. Mother's brother; mother's sister.

Heirs in the first entry of Class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

T Kalaiselvan
Advocate, Vellore
87175 Answers
2341 Consultations

Your class one heirs will be both mother and fathers side if there is no will executed by you

Prashant Nayak
Advocate, Mumbai
32493 Answers
201 Consultations

On your demise your mother is class 1 legal heir 

 

2) if your mother predeceased you then your siblings would be your class 2 legal heirs 

 

3) your uncles ie brothers of your late father have no share in property 

 

4) your mother sisters and brothers have no share in your property 

Ajay Sethi
Advocate, Mumbai
96975 Answers
7829 Consultations

God forbid. Wishing you a long life. However, in the circumstances stated by you, after your lifetime, only your sister's husband and her children shall inherit your property, including financial assets. Your father's elder brother's side shall not have any claim whatsoever.

Swaminathan Neelakantan
Advocate, Coimbatore
2917 Answers
20 Consultations

As per the conditions outlined, following my passing, sole beneficiaries of my property, including financial assets, will be limited to my sister's spouse and their offspring. Any entitlement from my father's older sibling's lineage is explicitly excluded.

Anik Miu
Advocate, Bangalore
10182 Answers
120 Consultations

- As per Hindu Succession Act , in the case a Hindu male passes away the following shall take place

  1. The Class I heirs get equal shares
  2. In case of no Class I heirs it shall be equally divided amongst Class II heirs
  3. In case of no Class I or Class II Heirs the property shall be divided amongst the Agnates and then the Cognates.
  4. If none of the above-mentioned heirs exist then the property shall pass on to the Government and this is known as Escheat. 

Class I Heirs:

  1. Widow
  2. Son 
  3. Daughter
  4. Mother of the intestate 
  5. The heirs of pre-deceased children of the intestate (which shall include the widow, sons, daughters of the predeceased children as well)

Class II Heirs:

  1. Father
  2. Grand Parents
  3. Grand Children
  4. Brother
  5. Sister
  6. Other relatives

- In case  , your parents died , then your property would be devolved upon your sister , and in case she expired then her share will be claimed by her husband, and children equally. 

- No other relative can claimed as there is legal heirs of your sister 

Mohammed Shahzad
Advocate, Delhi
14523 Answers
221 Consultations

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