whose name to be listed in a legal heir certificate

POSTED BY Ammu Kothandaraman ON August 30, 2012 1:46 pm ONE COMMENT

When a male married hindu passes away, whose name should be listed in a legal heir certificate. as there are many relations who are listed in Ist class and IInd class legal heirs as per hindu Law…. is it necessary that all of the relations who ever is alive need to be listed in the certificate or only the Ist class legal hier names to be listed in the certificate.

The reason why I ask this is, when my friend’s wife applied for legal heir certificate after her husband’s death, tasildhar has listed out th following names.

(i) her name,
(ii) her two daughters name,
(iii) one son’s name,
(iv) deceased person’s mother name
(vii) father’s name
(viii) and the deceased person’s brother’s name

I understand that in the above list, except for his father and brother, all are categorized under class I legal heir. My query is, since the second class legal hier names are also listed in the certificate, will it become a problem when the fist class legal heirs tries to claim their rights if in case father and the brother also claim for a share since their name is there in the certificate. Also if the second class legal heirs are not claiming for thier rights, is it required to get a “no objection” statement from them as their names are seen in the legal heir certificate.

One reply on this article “whose name to be listed in a legal heir certificate”

  1. Dear Ammu, all names should be there in the succession certificate or the No Objection from other persons to drop their names.

    More info can be obtained from an advocate as it’s more a legal subject than a finance one.

    Thanks

    Ashal

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