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Indian Law/legal heir certificate


QUESTION: My wife was having a piece of land at Kakinada(AP) and passed away long time back with out a will.I am having two sons.I want to take legal heir certificate for the property. where I have to apply for the same I am staying at Hyderabad and both sons staying at different cities.Can I approach Hyderabad court for the same even though the death occured at Delhi and property is at Kakinada.

ANSWER: A petition has to be filed with the District Court or High Court within whose jurisdiction the asset of the deceased is located. Names of the heirs of the deceased, their relationship with the deceased, date ,time and place of death of the deceased  alongwith with a certified true copy of the death certificate is to be submitted with the said petition. Thereafter, the court will issue a public notice to ascertain whether anybody has any objection to the said petition. Normally, a time-limit of 45 days is given for the said purpose.If no objection is received within that period, thereafter the court will pass necessary order for issue of the Succession Certificate.
The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate. After payment of the prescribed court fee in the form of judicial stamp paper, the certificate is typed, duly designed and delivered. In addition to the court fee, the lawyer's fee also needs to be taken into account.
In view of the above,please take said actions on the matter through a lawyer.

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QUESTION: Dear sir,
My sister is having ansesterial property at Sakhti(chatisgarh).A house of father in law to be shared by his four sons.One of the son was my brother in law.But all the four sons passed away with out any will etc. Now the house is to be shared between four of the family.My sister and both of her children stay at UK.What is the procedure to sell her share at the undivided property.Is it possible for my sisters children at UK to give GPA  notarised in UK in favor of my sister and in turn she can physically got to the place where property is there to sell her share. or is itb permitted that all the three that is my sister and both children give GPA in my favor to sell it One of the share holder is not willing to sell them how to get her share sold.will the court help her to partition the property in four parts and allow her to sell her share along with GPA of her children
pl advice

If a male Hindu dies without making a "WILL",then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated  on the ground of  gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law.  Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which  daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2. upon the heirs of the husband.
3. upon the heirs of the father, and
upon the heirs of the mother.
Therefore,in the instant case,after the death of four sons of your sister's father-in-law,since they died without making any WILL,their properties will devove in the above order equally to their class-I legal heirs..For the purpose of the Succession Certificate,one of the beneficiaries will have to apply for it before the concerned court having jurisdiction on the matter.
Alternatively, the existing members of the family can enter into a "Family Settlement Deed" and get it registered.After execution of the Family Settlement Deed or receipt of the Succession Certificate,you are to approach the revenue authorities for making necessary changes in their records.Thereafter,anybody can dispose of his/her share of the property by execution and registration of the Conveyance-Deed.An NRI can certainly give Special Power of Attorney to somebody in India including his relative to execute the above documents on his behalf.He has to execute the above power of attorney through Indian Embassy Office abroad and it will remain valid only for a period of 4 months only from the date of its execution.Further, it has to be notorised in India after its receipt.
Please take above actions in consutation with a lawyer.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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