My friend's widowed mother-in-law passed away recently. She had a property in her name jointly with her grand son and after her death, when the question of transferring her rights over this property arose; they needed a legal heir certificate. It was rejected by the revenue department authorities on the ground that only immediate family (husband, sons, and daughter) are eligible to apply but not grand children. It was suggested they go in for a legal opinion and apply for a succession certificate.
Please clarify whether the stand taken by the revenue department is in order and whether obtaining the succession certificate (which we learn is a long drawn process) is the only re-course under the given circumstances?
Chennai
Under the general rules of succession, the property of a female Hindu devolves on the sons and daughters, including the children of any predeceased son or daughter and the husband. Since the grandchildren are direct legal heirs, the revenue authorities can issue a legal heir certificate after going through the relevant records and ascertaining the facts.
