rohini (law) 04 March 2018

Affidavit for title heirship

My father is planning to make an affidavit to state clearly as to who see his heirs to his property basically naming his heirs and mentioning them as final and only heirs. He doesn't plan to make a will at the moment due to some constraint .my query is 1) affidavit needs to be made on what value of stamp paper 2) just getting the affidavit notariazed will suffice or no 3). What all matter apart from the basics needs to be included Thank you

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4 Replies

bharat panditrao pawar 04 March 2018

Making an affidavit is not sufficient for this case. If you share full fact of case then we may help you.

MAHENDRA WALA 04 March 2018

Normally for Affidavit it is to be on stamp paper of Rs.100/- for Mumbai and will depend on stamp act of relevant state. However the Affidavit will have no value unless it is treated as a Will. The same may be produce as an evidence incase of dispute but acceptable and admissibility will be tested.

Kumar Doab (FIN) 04 March 2018

Which personal law applies in this case?

Or are you all Hindu?

Confirm!

Kumar Doab (FIN) 04 March 2018

Your father may inquire about legal heir affidavit.

The legal heirs are as per personal law that applies to the individual.

In case 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………..

One cannot pick and chose who shall be legal heirs…………..outside the purview of applicable personal laws…

The law has already decided the legal heirs…

If your father wants to dispose his estate/property in his life time in favor of some of legal heirs of his choice then the way out is to leave a valid WILL or any other valid/registered deed in his life time say; settlement/transfer/relinquishment/gift deed etc ….

In legal hier affidavit if name of one heri is not mentioned IT per se does not end the rights of legal heir..