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legal heir certificate


Need an advice on legal heir certificate 5 members in a family, Mother / Father / 2daughters / Son elder daughter is married Father expired Question 1 Would all the rest of the family members be the legal heirs or if we can exclude the one who is married? Question 2 Can only the son be the legal heir with the family members consent?
 
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FIN

It is believed that all of you are Hindu.

Confirm!

 
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FIN

The personal law that applies in this case shall decide the legal heirs. Assuming that deceased owner was Hindu :

 

 In case succession of property of Hindu Male: 1st right is of ClassI legal heirs ie. Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters (predeceased and alive as on date of death)……….  

Central Government Act

The Hindu Succession Act, 1956;8,9,10

https://indiankanoon.org/doc/685111/

 

 
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FIN

1. So no one can be excluded from legal heirs. Married daughters remain ClassI legal heir.

2. Law shall not change with private inner wishes of son or family members.

 

 

 
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FIN

What exactly is the basis and reason for such query?

 
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My father expired around 45days ago, he was a mill worker and we was alloted a flat from mhada and we need to apply for a legal heir certificate.

Can we get it from a lawyer or an advocate or we need to go to the tahsildar.

Which is the easiest way.

Also if you can help with the procedure and required documents.

The family members are Mother, son, 2daughters(elder 1 is married)

We are based out in mumbai

 
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