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vishal jain   02 December 2021

LEGAL HEIRS OF HINDU FEMALE

Acc to sec 15 (1) of succession act legal heirs of Hindu female died intestate are daughters ,sons (including daughters and sons of predeceased daughter and son) and husband my query is if we have to mention name of legal heirs of Hindu female in any document should we also mention the name of grandchildren (even if there parents are alive) along with daughter, son and husband. Thanks


Learning

 2 Replies

Kevin Moses Paul   02 December 2021

As per your concern let me inform you that only following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:

(a) Spouse of the deceased,
(b) Children of the deceased (son/ daughter), and
(c) Parents of the deceased.

No the names of grandchildren are not required to be mentioned in legal heir certificate if in case there parents are alive. Basically, the names of grandchildren's are to be mentioned only if in case the decedent has no living children, but have grandchildren. In these situations, their grandchildren would be next in line as heirs according to the law and then there name would be needed to be mentioned in the legal heir certificate.


Hope It Helps!

Regards,
Kevin M. Paul

kavksatyanarayana (subregistrar/supdt.(retired))     02 December 2021

Which documents? The term 'property' although not specifically defined by the Act for the purpose of Section 15 of the Act, means the property of the deceased Hindu female heritable under the Act. It includes both movable and/ or immovable properties owned and acquired by a Hindu female by virtue of inheritance or at the partition or by gift or by purchase. The Section does not differentiate between the property inherited by a Hindu female and the self-acquired property of a Hindu female. It only prescribes that if a property is inherited from the husband or father-in-law, it would go to her husband's heirs and if the property is inherited from her father or mother, in that case, in the absence of her issues, the property would not go to her husband or his heirs but to the heirs of her father.


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