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Business owner (Business owner)     20 September 2015

What happens to the property when a Hindu female dies as an intestate person

May I ask the learned lawyers here the following questions.

 

My auntie, who is my mother's sister, died apparently without a Will. She is a Hindu and does not have any children or living husband . I'm the eldest nephew of her. She has 5 nephews and one niece. She also has a living sister.

 

 

1. If she died without a Will, how is the inheritance (both real estate and otherwise) be distributed under the Hindu succession act?

 

 

2. If there is a Will by discovery, is there a need to probate the Will in Kerala State?

 

 

3. How do I find out whether there is a Will made out?

 

 

4. What are my duties as the eldest nephew under the Hindu succession act to distribute the property? Do I need to be the administrator or executor?

 

 

5. If the Will is cloudy and written to be given to some stranger, will it be contested? ( She died in the old age and had some problem of identifying people.)

 

 

Kindly reference the pertinent sections of the Hindu succession act for enlightenment.

 

 

Thank you in anticipation.

 



 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 November 2015

1.  Probate of a will, in Kerala state is NOT required.


2.  Contact a local family property Lawyer and discuss one to one,


Keep Smiling .... Hemant Agarwal
Read Articles: https://hemantagarwal21.blogspot.in/?view=sidebar

Business owner (Business owner)     12 November 2015

My auntie does not have a Will to the best of our knowledge. Do the legal heirs need to obtain legal heir certificate prior to partition? If so, how do we do this?


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