Get proof of Heirship – avoid legal issues!

My friend’s parents owned a flat in both their names. The father expired around 15 years back. The registered document is still in both their names. There is no will.

Legally, 50% of the flat is owned by the mother but the 50% which belonged to the father is supposed to be divided equally amongst his heirs as per the Hindu Personal Law, so in essence, my friend, my friend’s two sisters and their mother should have got 12.5% each. So far, so good.

Sale of the flat

They were recently trying to sell the flat and the deal was almost done, when the buyer told them that the bank was asking them to prove that they were only three siblings.

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Is Ration Card a solution?

How to do that? Nobody knew. The most common answer was – show your ration card. Now, if the ration card was to be shown as proof, the one that was needed should have been nearly 50 years old and should have all the entries in sequence:

• First the father
• Then the mother’s name would be added.
• Then my friend’s name.
• Then his elder sister’s name.
• Then the younger sister’s name.
• Then their names would have been taken off as they got married.

In addition to the above, various changes to the home address would have been shown on the card.

Identity document

With the passport, PAN and Aadhar card, the relevance of the ration card as a form of identification has drastically decreased. Someone suggested to go to the rationing office and apply for a duplicate card – something that my friend was not too keen on.

Someone suggested that he go to the Tehsildar’s office and they issue a certificate. But on what basis? I’m sure they will ask for proof.

So how do you prove that your parents only had x no. of siblings?

Heirship Affidavit

My friend made a ‘Heirship affidavit’, signed by himself, his sisters and and his mother on a Rs.500 stamp paper and got it notarized. That worked in a few places.

So, people who own property or have parents who own property, it may be a good idea to get this ‘Heirship Affidavit’ made. It should cost around Rs.1,000 and take about an hour at the local notary’s office.

If someone has had a similar experience and found a solution, please let me know in the comments.

Take care and be safe.

Niranjan Bangera

Notes

My friend’s wife just recovered from an attack of COVID 19. According to her, the first symptoms were a blinding headache, joint pains and loss of taste. Then sore throat and high fever. She was self-quarantined at home, took medicines and recovered in a few days.