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legal interpretation of legal heir

Querist : Anonymous (Querist) 03 July 2011 This query is : Resolved 
A. a Hindu died leaving behind two sons.He had executed a will of his whole moveable and immoveable property to other person who was not his son.Mutation of his property was attested in favour of the legatee. both the sons of deceased and legatee applied for legal Heir certificate to revenue officer . Who will be legal heir of the deceased And What is the legal position and iterpretation of this case please cite relevant law
Devajyoti Barman (Expert) 03 July 2011
If the testator has executed and bequeathed all hs self acquired properties to a stranger then his legal heirs could do nothing.
R.Ramachandran (Expert) 03 July 2011
The wife, son(s), daughter(s) etc., are the legal heirs.
However, if the person has executed a WILL in favour of some other other than the legal heirs, then the property covered under the WILL go to the person named in the WILL and not to the legal heirs. If the authenticity of the WILL itself is challenged, then it is altogether a different matter and the court will decide the issue.


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