Legal Question in Wills and Trusts in India

How to determine the legal heirs of the person who died intestate?

The person died intestate, leaving behind his wife. How to determine whether other legal heirs are actually the family?

Is there any form or certificate to be given?


Asked on 9/16/02, 4:03 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

Re: How to determine the legal heirs of the person who died intestate?

Before an opinion on the legal heirs of the deceased who died intestate can be given, it is important to know the religion of the deceased. For Hindus, the legal heirs could be found in Hindu Succession Act and for others, it is Indian Succession Act.

Arya

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Answered on 9/16/02, 7:37 pm
Prabhat Shroff Shroff & Company

Re: How to determine the legal heirs of the person who died intestate?

Please state the religion of the deceased person, so that a cogent advice can be given

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Answered on 9/17/02, 12:36 am
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: How to determine the legal heirs of the person who died intestate?

I feel that more info is necessary to answer the question. Please answer these two questions :-

(1) What exactly is the purpsoe of proving that somebody is the legal heir? (eg:- dispute between heirs / withdraw bank deposits / transfer shares? etc)

(2) What is the religion of the concerned person?

I understand that deceased had no children. Was his father/mother living? Other brothers/sisters?

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Answered on 9/16/02, 8:18 am


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