Legal heirs

Legal Consultant / Solicitor

Who are the Legal heirs of the married lady - who died in an accident ?

 
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advocate

at property matter 1st legal heirs is husbant and 2nd is son / daughter. if case of banking  there already mention who is the legal heirs. where is no mention there husbant and son/daughter

 
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Works In Judicial Department

General rules of succession in the case of female Hindus.

15. (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-

(a) firstly, upon the sons and daughters (including, the children of any predeceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),-

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heir's referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Order of succession and manner of distribution among heirs of a female Hindu.

16. The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate's property among those heirs shall take place according to the following rules, namely:­

Rule 1: Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.

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Rule 2: If any son or daughter of the intestate had predeceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate's death.

Rule 3: The devolution of the property of the intestate on the heirs referred to in clauses (b);(d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father's or the mother's or the husband's, as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death.

 
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ADVOCATE and NOTARY PUBLIC

To answere the same i must know the religion of the said lady and  how she acquired the property.
 

 
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Legal Consultant / Solicitor

Hindu lady. Child and husband also died in same accident

 
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Asst Secy to Govt Retired

PROBATE WILL

OUR LATE PARENTS ARE NOT ALIVE BUT LANDED PROPERTIES STILL IN HIS FAVOUR ONLY WE DESIRE TO HAVE PROBATE WILL IN THE NAMES OF ABSOLUTE FIVE LEGL HEIRS KINDELY ADVISE THE PROCEDURE FOR OBTAINING THE PROBATE AND ISSUED BY WHOM INSTEAD SUCCESSION CERTIFICATE WE DESIRE TO HAVE IN THE NAME OF ELDEST BROTHER FIRST LIVING HEIR LIVING IN CHENNAI

THANKING YOU

S V RAO

 
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Works In Judicial Department

Probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor's authority.

A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. However, it only establishes the legal character of the executor and in no way decides the title or even the existence of the property devised. The grant of the probate decides only the genuineness of the Will and the executors right to represent the estate.

  • The grant of a probate is conclusive evidence of the testamentary capacity of the person who made the Will.
  • A probate is conclusive as to the genuineness of the Will and appointment of the executors.
  • Once a probate is granted, no suit will lie for a declaration that the testator was of unsound mind.
  • Probate is conclusive as to the representative title of the executor.

Consult an advocate and get the will proabated by a Court of Law

 
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a lady 27 years who died in accident an the case of 125 a running and taluka court has made the order to pay her maintanace the amount of 3000 from her husband time of dying her 498 was running against her husband.when she met with an accident she was living with her parents and moreover in her 7 years marriage life she lived with her husband only for couple of days.her husband and his family  had tried to make her mad...in the case who can be the legal heir for motor accident claim petition..any possibility for her parents to file a claim or her husband can be the legal heir...?

 
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and there's no any children of her

 
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Practicing Advocate

Her husband is her legal heir if the marriage is subsisting.

 
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