George 23 March 2022

Doubt regarding legal heir

Hi,
This is regarding the legal heir of a deceased person.
My fathers' (deceased) only sister passed away couple of weeks back. She was unmarried and was staying with us. None of their parents also is alive. Most of her assets and things do have a nominee mentioned. But for some others, she hasn't nominated anyone or has not prepared any will. I'd like to know who will be the legal heir for the movable/immovable assets owned by her, if there isn't any mentioned nominee.

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3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 23 March 2022

Hello,

You can apply for legal heirship certificate in your name as your aunty's parents and your father has also expired.

Dr J C Vashista (Advocate) 24 March 2022

It would devolve upon the legal representatives of deceased in terms of Indian Succession Act, 1925

Consult a local prudent lawyer for better appreciation of facts and professional advise.

P. Venu (Advocate) 14 April 2022

In the given context, provisions of Section 47 shall apply -

47. Where intestate has left neither lineal descendant, nor father, nor mother.—Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death.

Also, please note that a nominee is only a trusty on behalf of the legal heir.