Legal Question in Wills and Trusts in India
Is there a way to prevent abusive, cruel, and indifferent relatives stepping in the life of an unmarried girl to claim properties of her father, who dies intestate? And can she take some legal action to prevent relatives coming anywhere near her? Thanks in advance. This is in Indian context.
2 Answers from Attorneys
Yes, if girl is major she may file a suit for injunction against such relatives restraining them to visit her, calling upon her by any mode. After the death of father, girl's mother, girl and her brother, if any, are the legal heirs. All relatives would not be the legal heirs. If girl is minor, then, relatives have to apply to the court for appointment as a guardian.
Under the Indian Succession Act , the legal heirs are defined anybody cannot become legal heirs of your father. Your siblings , your mother and your grand mother arte the legal heirs of your father.