09/05/2021
What to do, when a family member dies intestate (without writing will)?
File a Petition in court for obtaining succession certificate.
Succession certificate is a document provided by the civil court to legal heirs. It is similar to a ownership document. Once a succession certificate is obtained from court, one can get all assets and debts transferred in their name.
PROCEDURE:
- A petition will be drafted through counsel under Section 372 of Hindu Succession Act in Civil Court.
- On the first date of hearing, notices will be issued to other legal heirs, if any. If there are no legal heirs then certificate will be issued after formalities.
- Other legal heirs will either give No Objection Certificate before the court in case they want to relinquish their right.
-Other case will be that legal heirs will object. In this case, assets and debts will be divided equally as per the share either through mediation or on court orders.
- There is a possibility that court may ask to publish the same in a newspaper, so that any other person who has an objection can come to court and raise an objection.
In case of no objection, a certificate will be issued to the Petitioner.
In case of objections, trial will proceed further and
the court will decide on merits.
Seek clarification through counsel.
PRIME JURIS, ADVOCATES AND SOLICITORS
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