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bhavesh   23 March 2017

Succession in case of death without will

I am planning to buy a property. The said property is in name of MrA. He died in 2004 leaving behind a widow and a daughter (minor). The widow/seller got the flat transferred in her name in the housing society through an affidavit (declaring that she is the sole legal heir). It should be noted that Mother of MrA was alive at the time but expired few years after death of Mr.A.

Given this background, my bank insisted on a revised affidavit (so that name of minor is also included) and a court order protecting minor's right (so she cannot claim right to property when she attains majority). Is there a risk of claim from siblings (by way of mother's right) given that she was alive post death of Mr.A???. The widow/seller is not in touch with anyone in the in-laws and hence is not sure of any will by mother/siblings are alive or not.

If there is risk in buying this property, kindly guide me in process of addressing the risk legally.


 8 Replies


The daughter can claim the property when she turns 18.  This is major hurdle.  Look for some other property would be my advise.

G.L.N. Prasad (Retired employee.)     24 March 2017

Definitely there are hurdles, without taking a risk on investment and burning fingers, look for purchasing a property with clear title.

Kumar Doab (FIN)     24 March 2017

It is believed that deceased owner (Male) and all successors left by him are Hindu……………………..and he has not left any valid WILL.



Kumar Doab (FIN)     24 March 2017

The estate/property of deceased Hindu male devolves upon: ClassI legal heirs i.e. Mother (if alive as on date of death of deceased Hindu male), wife (if alive as on date of death of deceased Hindu male), sons, daughters………..

In your matter the rights of mother and daughter of deceased Hindu male are being infringed upon by his wife.

Kumar Doab (FIN)     24 March 2017

Your lawyer is partially right as your lawyer should have asked to include mother of deceased Hindu male also.

Your bank is right. 

Kumar Doab (FIN)     24 March 2017

At some locations per local practices affidavit by any/one legal heir is accepted.

However legal heir certificate/Succession certificate may be preferred in such matters.

Kumar Doab (FIN)     24 March 2017

The wife may be having a right to dispose her share (1/3rd as per your post) in undevided property.

Apparently the mother of deceased Hindu male is being avoided and ignored.Her ( Mother's) legal heirs can claim her share after her life time also.

Her ( Mother's) legal heirs having 1st right are: Husband, sons and daughters………….

rajeev sharma (Advocate Ex senior manager law )     25 March 2017

. Powers of natural guardian.-

(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor or

(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.

(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.

(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular—

(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof.

(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and

(c) an appeal lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.

(6) In this section, “Court” means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.


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