Hindu succession act
J K Agrawal
(Querist) 26 May 2023
This query is : Resolved
Respected learned friends.
A Hindu in Rajasthan, having no class one heir, dies without any will. One class 2 heir want to get declared himself as legal successor. He does not know exact detail of all properties of deceased but having knowledge of a few immovable properties.
1 Which Type of suit, should he file (with reference Court fee act as suit for declaration costs advolerum court fee which may be beyond capacity. ).
2 Which court having Jurisdiction.
3 If 372 Indian Succession Act applicable?
Please guide. Regards
T. Kalaiselvan, Advocate
(Expert) 30 May 2023
Section 372 of Indian succession act can be invoked to grant a Succession Certificate in respect of the debts and securities of a deceased person and not to succeed immovable properties as successors in interest.
He has to file a suit for declaration to declare him and other eligible class II legal heirs as successors in interest to succeed to the estates of the deceased including movable assets..
