Judge asking for Legal Heir Certificate for childless widow
2 years ago
My Aunt (my father's sister) was deserted by her husband at very young age and earned her own livelihood by doing a job expired last year. In her will, she has willed her house in Jamnagar, Gujarat to her sister-in-law ( bhabhi) who is my mother. When we approached the Court in Jamnagar, Gujarat to probate her will, the Judge is asking for the Certificate of her Legal Heirs. But, as she is childless and her parents have also expired long time ago, how can we get this Certificate of her Legal Heirs? my father took care of her.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A legal heir certificate is thus a crucial ‘post-demise’ document to establish the relationship between the deceased and legal heirs and who the legal heirs are, in order to claim certain assets. But the legal heir certificate is required when the person dies without any will. Although if judge is asking for the same you could submit an affidavit Stating that their is no living legal heir of the deceased person.
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When a person dies intestate (without leaving a will), the transfer of certain assets to the heirs of the deceased requires a legal heir certificate, and in a few States a probate, in order to establish their claim.
But in your case their is will which is in your mother's name and their are no legal heirs of your aunt. You just need to tell the court that as their are no legal heirs, you cannot get the legal heir certificate.
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A.Dear Sir,
Your mother can file an affidavit declaring family of her parents and showing everybody as deceased and at last she must disclose herself as surviving sole legal heir of your aunt. Thus, you may convince the Judge about the relationship and also the execution of Will.
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