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Aaron Smothers (Self)     29 June 2011

How to prove absence of a will

Hello,

I am helping a relative (in India) receive her share of inheritance from a person (Indian national) who died intestate. Part of his holdings are overseas, and involve dealing with overseas authorities.

It is known in the family that he wrote no will, none of the inheritors is contesting that fact.

However, when dealing with overseas authorities, we may need to submit some evidence to that effect.

How does one go about PROVING that a person died without writing a will in India?

Can an official document be obtained from an advocate, a court or a government authority that no will exists? Or will a sworn affidavit be sufficient?

Appreciate your help!



Learning

 2 Replies

Kiran Kumar (Lawyer)     29 June 2011

there is no provision for any such certificate....

 

however, you may ask some information under RTI Act, from the registrar's office, to the extent that whether any registered will of the deceased is there or not.....but this fact will not prove absence of any unregistered will.

 

so the better option will be to file a suit for partition and declaration, it will serve your purpose....since there are no objections from the inhertors, so it will work out smoothly....

1 Like

Aaron Smothers (Self)     29 June 2011

Thank you Kiran!

The surviving parents of the deceased live in his house. The surviving widow lives with her own parents at a different address. There are several Registrar's Offices in the city. Where should an enquiy/request be lodged?

(Their wedding was registered in yet another Registrar's office when, years ago, the now-deceased and his parents were living at a different address.)

I appreciate your help! Thanks.


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