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vishal (JHT)     05 September 2011

Legal heir

if a person leaves his immediate family comprising his wife and two children; a son and daughter, intestate without any will. He also has parents at village who are not dependent on the deceased and the parents are living with other brothers of him. Are these parents are also come in the list of legal heirs? The wife and children want to withdraw the service dues and bank balance of the deceased.. Pls guide me regarding the concept of legal heirs in this matter as bank is asking for legal heir certificate from the wife and children of the deceased. the children of the deceased are dependent who are just minor students..  



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 2 Replies

Isaac Gabriel (Advocate)     05 September 2011

Wife and children are the legal heirs for the deceased. If the parents also make a claim,hurdles might crop up. So, on the safer side, . a compromise be worked out for receiving the terminal benefits along with the parents too and the legal heirship certificate be applied to the tahsildar including the parents also in the legal heirship.

Shastri J.K. (Practice in The High Court of Chhattisgarh)     05 September 2011

As per hindu law  mother is also legal heirs with wife and children .


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