Do Great Grand children has rights on Ancestral property? Do Great Grand children has rights on Ancestral property?

2 years ago

am looking to buy a 250sq yards of residential plot in Vijayawada,AP. The previous owner Kamesh(Hindu) has deceased in 2002 at age ~75 with out leaving a will. Kamesh acquired ownership of land in 1951 via family partition after Kamesh fathers demise.Property partition document between 4 siblings(including Kamesh) is regiserd with sub registar office in 1951.

Kamesh has 3 children (a son[Santhosh] aged 64 and two daugthers aged ~65+) and a wife aged 85.Kamesh sons and daughters have Grand chidlren and possibly Great grand chidren.

1. There is no succession certificate provided by Santhosh.He provided a affadavit signed by Notary which states there are only 4 legal heirs to Kamesh. Is this affadavit sufficient or do I need succession ceriticate also?
2. Do Great grand children of Kamesh(Grand children of Santhosh and his siblings),and possibly great grand children of Santhosh has rights on the property? Is it sufficient for me to get signatures of 3 children and wife of Kamesh for registration?

Abhimanyu Shandilya

Responded 2 years ago

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A.1. Legal heir certificate is not proper document to establish the true succession or ownership of property. The succession certificate is needed.
2. In joint property all the legal heirs falling in the line will have right in the property unless it a partitioned.
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