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Ezhilarasi (-)     12 July 2021

Legal heir certificate - doubt

We have a situation.
A persons father passed away.
And he died in the consequent week.
In the family smart card, the registered members are his wife,his daughter and himself.
And his parents own a separate family card.
Now, in this situation, is the person's mother a legal heir?


Learning

 4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 July 2021

  1. Did he die without leaving a Will?
  2. Property that's left, his self acquired or ancestral property or through settlement deed?
  3. To which religion he belongs to?
  4. What are these smart cards and family cards? And what is relevance to the query?

Ezhilarasi (-)     13 July 2021

1. He died without leaving a will.

2. Ancestral property

3. Hindu

4. The govt issued family ration card. I believe it is an evidence relating the family members which may or may not influence this situation.

P.S. I do not know much about this. Kindly help with this situation.

 

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 July 2021

My advice to you is that to go for a family discussion and bifurcation of the assets among yourselves. Then contact a local Lawyer to assist you can be writing and getting a Family  settlement deed and get the same registered. This will solve all the asset related issues.

Shashikant V. Patil (Lawyer)     16 July 2021

Since your subject matter is legal heir certificate, in this regard, after the death of a person of Hindu religion, and died intestate as per info given by you, his son can apply for legal heir ship certificate in the Civil court in order to succeed or inherit movable and immovable properties of his deceased father left behind. 


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