Legal heir

Originally posted by : Pradeep S
	Dear Learned Members, Wish to have expert opinion from members on the below issue:   One of my friend's brother(Hindu) died recently.  He was a bachelor, never married and no question of child. He has 2 brothers and 1 married sister and father and mother are pre deceased. He has only these properties: 1. Bank balance, 2. PF(to be claimed from PF office) and 3. Gratuity(to be claimed from his employer) and no other movable/immovable properties. Now the question is who are legal heirs and procedure to apply for Legal Heir Certificate. Expecting professional reply.

Well written problem.  I wish all people who come to this place were like you.

There is no necessity to apply for legal heir certificate.  You need to check with the employer and PF office who were nominated to rcv money just in case he dies.  Based on that you plan your move.  If he has mentioned any of you, then he would have given some proof of your existence like ration card etc.  On the other hand if he had not mentioned any of you as nominee, then the amount will go to the person who was nominated or it will go to government.

The Hindu Succession Act,1956 provides that all the self acquired property of the Hindu male who dies intestate without leaving a Will shall devolve to his Class 1 heir (deceased mother & father) and in absence of any Class 1 heir to all his Class 2 heirs (deceased brothers & sisters)in any one entry in this class so that they all share equally. 

Agreeing with above advices.

Check nomination in all matters.

Nominee can claim.

Does all have nomination?

Confirm!

In case valid nomination dos not exist then since ClasI legal heirs are not present ClassI relations come into picture.

Get death certificate of father, mother, and deceased employee (unmarried son).