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Gaurav Sharma (Worker)     09 September 2013

Appointing legal heir

Hi

I have a maternal aunt (mother's real sister) who is unmarried & childless. I have other maternal aunts & uncles as well (her real brothers & sisters). However, I am like a son to her.

 

Can she appoint me as her legal heir by making a notarized affidavit (signed with photo & thumb impression)? Will such an affidavit hold legal importance after her death?

 

The purpose of such an affidavit is only to prove, after her death, that I am her approved legal heir & thus avoid hassles over her assets & shares. It is not intended to be used during her lifetime for any agreements or legal purposes.

 

(I am aware that a Will would be an option but her & my intention is to only have a written proof of an approved legal heir without mentioning the assets & shares.)

 

I am from Maharashtra.

 

Regards.

Thank you.

GS.



Learning

 5 Replies

Kumar Doab (FIN)     09 September 2013

Registered WILL is the option.

Gaurav Sharma (Worker)     10 September 2013

Does that mean the simple document I speak of will hold no legal importance whatsoever?

Kumar Doab (FIN)     10 September 2013

The document may not help you to supersede the rights of legal heir.

You may consult your lawyer in person and show the document you have conceived.

Your lawyer can elaborate the Hindu Succession Law, Succession and WILLS………………It would be a meaningful exercise.

You may find the extracts relevant and useful.

 

The rights and obligations of the deceased person get transferred to the living person under the process of succession. They pass to some person, whom the dead person or the law on his behalf, has appointed to represent him in the world of living.

Succession depends on:—

(a) The law applicable to the deceased at the time of his/her death

(b) The machinery of succession, whether

(i) Testamentary under Will of the deceased, or

(ii) Intestate in the absence of valid Will, or

(iii) Operation of law, by nomination, transmission,

(c) The nature of property or rights and obligations held by the deceased at the time of death.

Movable property

Succession of the movable property in India of a deceased person is regulated by the law of country in which such person had his domicile at the time of his death. If a person dies leaving movable property in India in absence of proof of any domicile elsewhere, law in India regulates succession of his movable property.

 

A proper written WILL (and registered one) is the best way to make sure the wealth is passed on to different people as desired.

The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following -

1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .

 

If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters

 

 

Gaurav Sharma (Worker)     10 September 2013

"The document may not help you to supersede the rights of legal heir."

 

Thank you Mr. Kumar for the insightful reply. Can you please elaborate on the above mentioned quote of yours.

She is childless. So a written document explicitly mentioning her approved heir would hold importance, wouldn't it?

In case it would not, can you please mention why would it not?

Kumar Doab (FIN)     10 September 2013

The paragraphs below the line are the details.

This is as per best of the understanding of the matter.

You may consult your lawyer in person and show the document you have conceived.

Your lawyer that has seen the documents pointed out by you can advise you best.


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