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Shruti (Software Engineer)     02 December 2011

Rights of property in the absence of will

Hello all,

Suppose a person dies without a Will. What is the best process to do the death claims. There will be several things like bank accounts, LIC policy, PPF, PF and some immoveable property also.

This has happened to one of my relatives family. A young family member has died. He was not married and he is survived by a mother, brother and sister.  There are couple of things like LIC policy, PPF, bank accounts and some immoveable property also which needs to be settled. Everything is self earned. Nothing is ancestral property. For some things he had made father as the nominee and father is also not alive anymore. Things have become little difficult due to that. For some things he has not done any nomination at all. 

Under such circumstances what is the best way for the family to deal with such things. There is no dispute in the family regarding succession. Surviving kids want everything to be transferred in the name of their mother. How can all that be done, can anyone please suggest. What is the best way to handle things in the absence of will, nominations and things like that.

Any valueable piece of advice in this regard is highly appreciated.

Thanks in advance.




 5 Replies

Advocate Vishnu (Advocate)     02 December 2011


On the demise of  a person, pl collect the death certificate and then one of the family members can apply for a legal heir certificate.Nominee in any insurance is  to discharge any debts contracted by the insured person.In your case this issue does not arise.So on the receipt of the legal heir certificate, in the absence of any legal disputes, the remaining family members can execute a registered relinquishment deed and give away their rights favouring their mother.

Shruti (Software Engineer)     03 December 2011

Thanks for the reply. From what I heard getting Legal Heirship certificate is a very tedious process and it has to be done in the court. Is my understanding right. Is Legal Heirship certificate same as Succession certificate or it is different. Please let me know


Advocate Vishnu (Advocate)     03 December 2011


Both mean the same and it is issued by the court having competent jurisdiction.You may get it within 6 months and it worth the wait and will save you time in claiming the insurance money and will give good title over the property to the mother when the children relinquish their rights on the said property.

Satish .J.Agarwal (Advocate &Legal Advisor)     03 December 2011

Hello Shruti,

Please don't get confused,You will have to file a petition in the High Court to obtain Sucession Certificate.The entire process will take about 3 to 4 months.You will have to appoint an advocate.If you still have a query ,you can call me at 09769383431 for further assistance.

This is the final solution to your problem.

Rajadiraja (Advocate/consultant )     11 December 2011

Exactly.  The only solution is to obtain a succession certificate through a court. 

Legal heir certificate is not obtained thro a court.

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