If a person has no issue, there are also laws about the legal heir. A legal heir certificate is a document issued by area/taluk Tahsildar to the deceased person's family members to claim their property.
Overview:
Legal Hair – If you have a property, you can name your property to your family members, and they will have the right to it after your death.
But, it is not an easy task because a legal heir certificate is required to claim your property after your death. So, you must know about the legal heir certificate.
Professional lawyers can make a draft and register your legal heir certificate, and you can apply for such certificates to your local municipality or district civil court corporation. If you live in a village and want a legal heir certificate, then you need to apply to the area/taluk Tahsildar.
Different Acts and Applications for Legal Heir:
Your property will be distributed among the persons mentioned in your will. But, if a person passes away without leaving a will, their property will be distributed according to their religion.
Hindu Succession Act – According to this law, Hindu, Jain, Sikh and Buddhist families can claim the legal heir certificate. But, this law is applied differently to males and females.
According to the Hindu Succession Act, if a male person passes away without leaving his will, his property will be distributed among his legal heirs. There are two types of legal heirs such as class-I and class II.
- Immediate family members like his son, wife, daughter and mother can claim his property after his death under the Class-I of Hindu Succession Act. The property of an intestate male will be distributed equally among his family members. For example, if you are married and do not have any will, your property will be distributed according to the Class-I of Hindu Succession Act to your wide, son and daughter. If you are unmarried, your property will be transferred to your mother after death.
- In the case of Class-I, Hindu Succession Act, the property of a deceased person will be divided into two parts – one part will be transferred to his wide and the second will be distributed among his children. There is no need to make a will for the same property; in the absence of a will, the same law will be applicable for two generations.
- This Class-I of the Hindu Succession Act applies equally to sons and daughters. For example, if a person passes away without leaving a will for his property, his property will be distributed among his wife and daughters. But, in the case of the daughter of a deceased person, her husband cannot claim anything of his father-in-law’s property on behalf of his wife.
- Class-II of the Hindu Succession Act will apply in the absence of Class-I heirs. According to this Act, family members, including relatives, can claim a deceased person’s property. In this case, relatives in higher proceedings can get the complete right to a deceased person’s property. But, if no one is available in this category, then the property of a deceased person shall transfer to his relatives. For example, in the case of a deceased male, his father, granddaughter’s children, brother and sisters can claim his property under the first category. In the case of an unmarried deceased person, his property will be distributed among his brother, sister and father.
The Hindu Succession Act Of 2005
According to Hindu Succession Act, 2005, females have equal rights to a deceased family member as males. But, the distribution of property is different. A female person has complete rights on her property, including movable and immovable, and she is the absolute owner of her property irrespective of self-acquired and inherited property.
- If a lady passes away intestate without leaving her will, her property will be distributed among her family members under the Hindu Succession Act
- According to this Act, her property will be transferred and distributed among her husband, son and daughter. If her children are not alive, her grandchildren can claim her property after her death.
- In the case of an unmarried deceased woman, her property will be distributed among her parents, and her father and mother can apply for a legal heir in this regard.
However, the Hindu Succession Act only applies to the Hindu, Jain, Sikh and Buddhist families, and there is a different set of laws for Muslim and Christian families.
Conditions when the Deceased Person Does Not Have Children, a Spouse or Parents
As stated above, if the deceased person does not have children, his property will be distributed among his relatives. According to Hindu Succession Act, if the deceased person is an unmarried male, his property will be distributed based on class-I and class-II categories.
His immediate relatives, including his father, sisters and brothers, can claim his property under the class-I category. Suppose he does not have anyone alive in this category. In that case, his nephew, paternal grandparents, windowed stepmother and sisters, paternal uncle and aunt, and maternal grandparents can claim his property under class II of the Hindu Succession Act.
In the case of an unmarried deceased female, her property shall be distributed among her mother and father only.
If her father and mother are not alive, then her property shall be distributed among her legal heirs, and her self-acquired property shall be distributed among the heirs of her mother and father.
In simpler terms, if a female person passes away without leaving her will, her mother and father can claim her property after her death. If her father and mother are not alive, then the heirs of her father and mother can claim the property.
FAQs
of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son. ” image-13=”” headline-14=”h3″ question-14=”Can a wife sell her husband’s property after his death?” answer-14=”A wife cannot sell her husband’s property after his death unless she is the legal owner of the property or has been designated as the executor of the estate. The ownership of the property after the husband’s death depends on the specific circumstances of the case. ” image-14=”” headline-15=”h3″ question-15=”Who is the legal heir of deceased wife?” answer-15=”The legal heir of a deceased wife can include her spouse, children, parents, siblings, nieces and nephews, grandparents, aunts and uncles, cousins, and other close relatives, depending on the specific circumstances of the case.” image-15=”” headline-16=”h3″ question-16=”Can legal heirs claim for property?” answer-16=”Yes, legal heirs can claim property if they are entitled to inherit the assets of a deceased person when they die intestate. ” image-16=”” headline-17=”h3″ question-17=”What are the rights of legal heirs?” answer-17=”The rights of legal heirs include the right to inherit the assets of a deceased person when they die intestate, the right to be notified of the probate process, the right to contest a will, and the right to receive a fair share of the estate.” image-17=”” count=”18″ html=”true” css_class=””]Conclusion
However, to apply for an heir certificate requires some documentation, and you need to submit various documents, like a signed application form, ID proof, death certificate of the deceased person, DOB proof of all legal heirs, a self-undertaking affidavit and address proof. It is a time-consuming matter where you have to wait for years because any objection lodged during your legal hearings by other legal heirs can delay your case.
It is better to hire a professional lawyer to get this heir certificate to claim your property. It is not mandatory to make a will, and many middle-class family members do not go for such legal wills during their lifetime. So, if you face the same issue and want to claim the property of a deceased female member, then you must hire a lawyer. If you want to gather relevant details, please visit the website of Vakilsearch, a professional legal services firm.
