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Manjusha (lawyer)     14 June 2011

Securing of legal heir certificate

Facts: x died intestate leaving behind wife, one son and daughter. both the childeren got married.

can the son apply for legal heir certificate to M.R.O or only mother need to apply for legal heir please explain?



Learning

 2 Replies

hanumanthe gowda (Lecturer/advocate)     20 July 2011

Dear Manjusha,

In this case a P & Sc Mis case should be filed from the competent court of law. As both the children are married ie major a joint petition can be filed by any of them as first party provided that all should agree for the same and respondents as nil or else if the son only has to file the petition then he will be the petitioner & make others to be respoindent and to file the case calling for objections from the opposite parties & obtain a decree.

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     29 July 2011

I feel that the religion of the family is a necessity for further action.


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