Related to the property which isn't inclusive in the WILL

The property of a person who dies interstate (i.e. without leaving a will) shall devolve upon his heirs automatically as per the Hindu succession laws. Here, even if the person in question made a will, if a property is not mentioned in the will it cannot be legally transferred to anyone else other than the heirs of the deceased.

All the legal heirs of that person are entitled to get share in the questioned property.It is hardly matter that formalities to transfer the title has been completed. other legal heir may raised the objection .

In such circumstance the property which is not included in the WILL shall be deemed to be intestate and hence property shall devolve among all legal heirs in terms of inheritance.

It is believed that deceased owner and all legal heirs are Hindu.

Confirm!

Also confirm the deceased owner/testator is Hindu Male of Woman and said property is self acquired/ancestral.

 

Succession opens on date of death.

In case of succession of Hindu woman, the nature and source of property matters. 1st right on Hindu woman’s self acquired/absolute property is of; her husband, sons, daughters…..They shall share equally.

 

In case of succession of Hindu Male; 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

 

 

The property that is not disposed by valid WILL shall devolve to legal heirs as per applicable succession laws/rules.

 

The authority under whose jurisdiction property falls e.g; MC has set rules to transfer the property ownership by inheritance to legal heirs; Intestate Succession.

 

The death certificates, legal heir certificate, are basic requirements.

At some location per some local precedence legal heir affidavit might be accepted. There are chances that one applicant may conceal or make false statement…..

 

It seems some heir that has approached the O/o Authority for said property transfer either has not submitted correct docs or has concealed some document/information…………………..that might be construed as fraudulent act…………….Or it is a matter of gross negligence by O/o Authority………..

 

 

In any case the legal heirs that are affected can approach O/o Authority and agitate. They can request to examine the file and pursue RTI route and submit their objection to O/o Authority; say Estate Officer/ Commissioner…….and authority/its’ concerned official,  may act per rules and proceed to correct, per internal procedure ( say; Durusti)…………