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Author Topic: What happens to property of a Hindu female who dies as an intestate person?  (Read 1087 times)

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Offline Businesowner

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May I ask the learned lawyers here the following questions.

My auntie, who is my mother's sister, died apparently without a Will. She is a Hindu and does not have any children or living husband . I'm the eldest nephew of her. She has 5 nephews and one niece. She also has a living sister.

1. If she died without a Will, how is the inheritance (both real estate and otherwise) be distributed under the Hindu succession act?

2. If there is a Will by discovery, is there a need to probate the Will in Kerala State?

3. How do I find out whether there is a Will made out?

4. What are my duties as the eldest nephew under the Hindu succession act to distribute the property? Do I need to be the administrator or executor?

5. If the Will is cloudy and written to be given to some stranger, will it be contested? ( She died in the old age and had some problem of identifying people.)

Kindly reference the pertinent sections of the Hindu succession act for enlightenment.

Thank you in anticipation.

Offline adv.amarnath

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Re: What happens to property of a Hindu female who dies as an intestate person?
« Reply #1 on: September 21, 2015, 09:22:01 AM »
1) As she was spinster, so her share will be devolved upon the heirs of her father. (Section 15 of Hindu Succession Act)

2) Yes.

3) That is your headache brother... How can I say... be logical. This much I can say that WILL is a secret document it cannot be found by searching. If an WILL exists, then the Executor, 2 witness will inform you or take initiative for grant of probate.

4) No duties. Just watching.

5) Yes, only her heir can contest it. No other else.

Regarding WILL please check Indian Succession Act.

For advice in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Businesowner

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Re: What happens to property of a Hindu female who dies as an intestate person?
« Reply #2 on: September 21, 2015, 11:49:10 AM »
Thank you Advocate Amarnath for your reply.

My auntie was not a spinster. She was married.  Her husband died a few years ago before her death.

I have the following questions.

1. As a nephew of my auntie and a lineal descendant, do I have automatic and legal right to inherit her property after her death as she has no children? If so, kindly cite the relevant section under the Hindu Succession Act. .

2. When you used the word "heir" does it mean legal successor by way of lineal descendant or what is stated in the Will?

3. Is there a need for the WILL to be registered in Kerala State? if not, does it become void?

4. Who would be the executor, generally, or by common practice? If she had an advocate, do I need to call and find out the existence of a Will?

5. Is there a legal time frame within which the executor or the witnesses must come forward to inform the existence of a Will after a person's death?

6. What if there is only one witness for the Will?

7. What if there was a coercion or supply of money to make her happy and comfortable with an ulterior motive to have the Will skewed on one of the lineal descendants?

8. What if one of the relatives has a blank "Stamped Paper" with her signature on? 

Thank you for your help in this matter.

 
« Last Edit: September 21, 2015, 11:55:08 AM by Businesowner »

Offline adv.amarnath

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Re: What happens to property of a Hindu female who dies as an intestate person?
« Reply #3 on: September 21, 2015, 07:10:21 PM »
You asked too many questions..... Anyway

1) Section 15 of Hindu Succession Act

2) No 'Heir' mean only heir.

3) WILL is not at all a compulsorily required to be registered.

4) There is no common practice. The person of made WILL he / she only knows to whom he/ she had have faith/ trust.

5) No there is no legal frame or limitation.

6) WILL is void.

7) That is a matter of challenge when Case of Probate will be filed by the executor

8) That relative will only scratch his/ her head. If he/ he misuses then he / she will be prosecuted under IPC.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Businesowner

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Re: What happens to property of a Hindu female who dies as an intestate person?
« Reply #4 on: September 22, 2015, 07:32:17 AM »
In commonsense analysis, the duty of confidentiality of a Will extinguishes after the death of a testator. When a testator of a Will dies, the right to confidentiality automatically extinguishes and information of such a Will must be passed  on to the lineal descendant(s) or personal representative(s). If information of an existing Will is withheld for whatever reason,  after the death of a testator, is this not considered as unlawful or a wishful act that must be brought before court?

Also, is it not possible for one or more of the lineal descendants of the testator to move to a competent court for full disclosure an existing Will of the testator? If so, what is the procedure,  such as publications in local news papers? 

If no executor or two witnesses comes forward to announce the existence of a Will,  is it not possible for the descendants to file a motion in the District Court for examination of the fact that my auntie died as an intestate person? If this is possible, how could it be done?

Offline adv.amarnath

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Re: What happens to property of a Hindu female who dies as an intestate person?
« Reply #5 on: September 23, 2015, 06:32:23 AM »
NO,

NO,

NO,

Why you are taking unnecessarily taking headache? When no such person has disclosed about any existence of a WILL then why you are? It seems like you may bring your Aunt from heaven and force her to execute a WILL or disclose about her WILL while in reality no WILL has ever be executed.....
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Businesowner

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Re: What happens to property of a Hindu female who dies as an intestate person?
« Reply #6 on: September 23, 2015, 03:49:19 PM »
The problem is that no one seems to know whether or not there is a valid Will. Myself and my brothers and wondering what to do next.  We also don't know whether she died as an intestate person.

We can't sit and wait indefinitely for someone to announce the Will as the property needs maintenance under the ownership of legal heirs. How long should we wait before filing a suit to obtain a court order for partition?


Offline adv.amarnath

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Re: What happens to property of a Hindu female who dies as an intestate person?
« Reply #7 on: September 24, 2015, 08:36:31 AM »
Why to wait and file a partition suit. Make a partition deed among you and your brother. That's all. Filing a partition suit will be more time consuming as well as wastage of money. There is no need to wait for announcement. 
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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