► Land and buildings are ancestral properties held by forefathers. Latest parents had five children. Three sons and two daughters. All these five are senior citizens alive now. The first son is an octogenarian. Another son who is also an octogenarian and second son is not co operating for a settlement. Other four are for an amicable settlement. As the second son is not providing his ID including Aadhaar card, even legal heirs certificate could not be applied. How to proceed in this situation
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1 Answer
Dec 08, 2025
Dear Sir,
You do not need a Legal Heir Certificate for partition of ancestral property when all heirs are alive.
A Legal Heir Certificate is needed only when a person dies.
Since all five siblings are alive:
You can directly file a Partition Suit without any ID of the second son.
The court itself will identify him, issue summons, and proceed.
So his refusal cannot stop the legal process.
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