A.
Dear Client,
Sections 14, 15, and 16 of the Hindu Succession Act, 1956, apply to Hindu women regardless of whether they are married or not. In the case of other religions, the Indian Succession Act of 1925 is applicable, and the blood relatives will have rights over the property of deceased women even in the presence of the husband. The Indian Succession Act, of 1925 provides for inheritance laws for Christians and outlines various statutes and legal principles that provide the distribution of property upon a person’s death via the law of inheritance and succession which provides spouses, certain rights to inherit from their deceased spouse’s estate. The Indian Succession Act, of 1925 recognizes three types of heirs for Christians – 1. Spouse; 2. Lineal Descendants; and 3. Kindred. Lineal descendants shall mean descendants born out of the marriage and shall not include illegitimate children born out of wedlock. Kindred means relations by blood through a lawful marriage. The Indian Succession Act provides only for such relations that arise from a legal and valid marriage. A legal heir certificate is an important document upon the death of a family member. It establishes the relationship between the deceased person and his/her legal heirs. Legal heirs of a deceased person are spouse, children and parents. A legal heir certificate can be obtained after the death certificate is obtained from the municipality/ corporation to claim their right over the deceased person’s properties and dues. Marriage is a bond of a lifetime. But eventually, the death of one of the partners will lead to the end of this bond. However, the property that the dead partner leaves behind can become a matter of dispute. Most of the time, the matter can be resolved amicably, but, in some cases, one may have to follow legal recourse. In case no will is available, then the inheritance of the property will be as per the law. If you are not very sure what needs to be done then the best possible way is to hire a legal advisor who has complete knowledge of succession and inheritance laws.
Posted On 01-Jan-2025
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