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Can OCI Holder Obtain Legal Heir Certificate Without Brother’s Cooperation? Remedy for Inheriting Parent’s Property?

Frequently Asked Legal Questions and AnswersCategory: Property IssuesCan OCI Holder Obtain Legal Heir Certificate Without Brother’s Cooperation? Remedy for Inheriting Parent’s Property?
Sumathi Rathnam asked 11 months ago
I am writing to seek your legal guidance and assistance regarding a matter concerning a Legal-Heir Certificate. The facts of the case are as follows: I am an Overseas Citizen of India (OCI) card holder and a resident of the United States of America. My father passed away on 29/07/2022 in Chennai, and my mother passed away on 21/06/2021 in Chennai as well. Both of their deaths have been registered.I am currently facing a situation where my brother, who is an Indian citizen and resides in Chennai, is not cooperating in obtaining a Legal Heir Certificate. It appears that he is concerned about my potential claim to our parents\' properties.Can OCI Holder Obtain Legal Heir Certificate Without Brother's Cooperation? Remedy for Inheriting Parent's Property?I have the following queries and concerns that I would appreciate your expert guidance on:
  1. Can I, as an OCI card holder, apply for a Legal Heir Certificate?
  2. Is it possible for me to apply for a Legal Heir Certificate without the cooperation of my brother?
  3. What legal remedies are available to ensure I can rightfully inherit my share of our parents\' property?
I kindly request your assistance in understanding the legal implications of my situation and the appropriate steps I should take to resolve this matter. Your expertise in this area would be invaluable to me.

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