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Aunt died without making Will what procedure to apply for certificate


26-Nov-2023 (In Civil Law)
One of my related aunt died without making any will....She was unmarried and now the only successor she has is her mother and married sister....can any one please tell me under which act i can apply for succession certificate...she was hindu...we need to transfer all her property on her mothers name?
Answers (3)

Answer #1
562 votes
Hello sir/ madam,

You will have to apply for a sucession certificate to the court having testamentary jurisdiction, for eg- Bombay High Court.
You will have to make a petition (with the help of lawyer) to the court stating the person who has expired and their heirs. Also property details have to be mentioned which are intended to be transferred.
The process can take as long as 3-6 months.
Answer #2
810 votes
The mother is necessarily a beneficiary and has a right in the property of her daughter(having not mentioned about the existence of a father presumably a widow)
The married sister will not be one of the legal heirs entitled to the estate of the deceased because the aunt died as a spinster.
And Without any doubt its the Hindu Succession Act S. 15, 16
Answer #3
848 votes
You can apply for succession certificate. If you have aunt's birth certificate and death certificate needed for this procedure. You need to get her death certificate and property details. Please call for more information..

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