Legal Question in Civil Litigation in India

non inclusion of name in legal heir certificate

my mom is the sixth child out of 8 childrens of my grandma(late). my mom was married in 1962 and left her native since then. but in between my uncles and aunts have sold the property which was in my grandma's name and when we enquired my mom's name had been excluded from the legal heir certificate. at present some legal problems have cropped on the sale of the land(sold 32 yrs back) and the sale is being considerd void( case in court, it's still subjudice) when we tried to get a legal heir certificate we were told all my uncles and aunts have to give a application to tahsildar that my mom's name was left-out and her name should be included. but there is verbal assurance and nothing done to include my mom's name in the legal heir certificate.

1. how can i get a legal heir certificate

2. considering they have already sold the property and contention is part of land due to mistake in mentioning schedule does my mom have exclusive claim to contended peice of land.

3. if the court says the sale of land is void can my mom have the first preference to buyback or compensate the wrongful buyer.

3 Answers from Attorneys

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