Legal Question in Real Estate Law in India

Sir,

My uncle was the owner of Flat in Malad, his wife expired two years before and they were having no children. My uncle was the only child from the first wife of my grandfather and my grandfather his having 7 son and 2 daughter from his second wife. Are they are the legal heirs of my uncle. And how can we obtain legal heir certificate. That my uncle was not a government employee, but his wife was the principal in the government school. That after the death of my aunty my uncle used to receive pension of his deceased wife due to no children and being senior citizen.

Please help how can we obtain legal heir certificate from which authorities. That one of my cousin uncle who is not a legal heir has kept hold all the documents of my deceased uncle. However we have only obtained death certificate from the municipality. Can we apply for legal heir certificate without having any documents of my deceased uncle.

shaikh fahim

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+91-9819935209


Asked on 3/17/14, 12:11 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

17.03.2014

Dear Shaikh Fahim,

You can apply and obtain a Succession Certificate from the Metropolitan Magistrate Court in located either in Andheri (East) or in Bandra (East) in Mumbai. The 7 siblings of the second wife of your grandfather are not the legal heirs of your uncle. You can apply for the Succession Certificate and complete the necessary formalities as specified by the Society for transfer of title to the flat as per the Succession Certificate issued by the Court.

Regards,

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Answered on 3/17/14, 2:40 am


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