How to apply for legal heir for a person died as intestate

To obtain legal heir certificate you have to apply in the SDM office of your area, for that you have to submit her death certificate, address proof, affidavit showing your relationship with deceased along with application, the SDM will mark it for tehshildar, tehshildar after getting report from patwari send his report to Sdm, then sdm will issue the legal heir certificate, you can collect it from sdm office.

The property will be inherited as directed in Hindu succession act for deceased dieing intestate. You also need to publish a notice in news paper.Because you can claim any relationship Your aunt and her children are not class 1 but class 2 heirs.

The owner of the property that has died is Hindu Female. In case of Hindu female the rules are set :If the property is self acquired or acquired from her husband or acquired from her parents. Therefore first determine the how the property was acquired and accordingly look into who will be successor.

While I thank you all, for the information in this matter. I have some more questions as follows:

 

My auntie died as an intestate person with no children. She acquired her properties from her father. Her father and mother are not alive. The only alive Class 1 heirs are the following:

 

1.Her sister.

 

2. Her nephews from her living sister.

 

3. Her nephews and niece from her deceased brother.

 

Does the succession devolves upon the living sister as my auntie's mother and father passed away?

 

Does the exceptions stated in the Hindu Succession Act, especially, the one reads somewhat on the lines"  "If a female dies without leaving any issue, then the property inherited by her from her father or mother will not devolve according to the rules laid down in the five entries of the act, but upon the heirs of father"  apply in this matter?

 

May I know what stands for SDM office to file an application for legal heir certificate? Is it possible for all heirs to obtain a copy of the death certificate of my auntie from the Birth and Death registration office in order to apply ffor legal heir certificate?

 

Please answer the questions in details with possibly referencing sections of the inheritance law. Thank you.

With the help of an Adviocate you may draft a document calle "Family Agreement". Please be careful to include all possible claimants including minors and define each one's share. Get it Registered. There is no need to obtail Legal heir Certificate. The danger is that if you have missed any one, you may land up in trouble later. Obtaining a Legal heir Cerificate and then doing Family Agreement may solve this issue. However the lurking danger of some one missed out will continue to remain the same. No need to publish in gaztte or wait for a year. We had done it in our Family as early as 1956 and have not faced any problem till nw

According to section 15 of the hindu succession act 1956 - the property of a female hindu dying intestate shall devolve according to the rules set out in section 16 . 1) you didn't written about your uncle whether he is alive or dead, if he is alive then the property will devolve to him, if he is not alive then 2) she has no legal heir in class I 3) she has legal heir in class II i.e. her brother and sister if they were also not then 3) brothers son, sister's son, brother's daughter, sister's daughter In your case these are the legal heirs of your aunt .

Thanks you for your generosity in giving me kind advice.

 

It is still not clear to me, how my auntie's property needs to be partitioned according to the Hindu Succession Act. Does my mother who is the only living sister of my aunty get a share while her children get shares as well?

 

My auntie's brother passed away a few years ago. In essence, she has one living sister and one disceased brother. My auntie's diseased brother has three children. My mother has three children.

 

When the partition is done, I would like to know:

1. Does my mother get a share as Class I heir ?

 

2. Do we (the three children of my mother) get shares as Class II heirs? (This means 4 portions from my autie's estate devolving upon my mother's name.)

 

3. How do the diseased brother's children get their shares from my auntie as Class II heirs?

 

I just don't want to get it done in an improper manner, rasing law suits in the future.

 

Your mother is class II heir and shall get her equal share with all her brothers and sisters. File a suit for succession in the district court where property is situated. 

How one's own mother can be class II heir? Kindly clarify

I am reposting with more elaboration:
	My auntie passed away with no children. Her husband passed away long ago.   My auntie's brother passed away a few years ago. She has one living sister and one disceased brother. My auntie's diseased brother has three children. My mother who is her sister has three children. When the partition is done, I would like to know: 1. Does my mother get a share as Class I heir ? 2. Do we (the three children of my mother) get shares as Class II heirs? (This means 4 portions from my autie's estate devolving upon my mother's name.)   3. How do the diseased brother's children get their shares from my auntie as Class II heirs?   Kindly give me answers after reading my questions.

 

Please download on your computer or buy from a law book house Hindu succession ACT. Just go thorugh the relevant chapter. Every thing is very nicely presented in law with classes how to distribute what to distribute . Instead of wasting so much time just spend 30 minutes on the details in act and all your answers will be available.

What is more importanrt is preparing the suit properly and take necessary steps so court can easily pass order. You may be asked to publish in a popular respected newspaper. The format is to be approved by court. There is minimum size required to be published.

Even if you are not asked , do publish  so you wont have trouble later.

The claimant also has to prove the existence of property and prove relation with deceased.

IN Hindu laws broadly 100% property goes to class I heir group. If more than 1 equally divided. If no class 1 go to class II then III and then IV

Everything is clearly mentioned in table in the Act.Any lierate peron can understand the guidelines.

Whoso ever is looking afte rproperty of your aunt should act fairly and make proper separate list of property both movable and immovable 

 

All the best