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Confusion about eligibility of legal heirs
23-Jan-2023 (In Family Law)
My husband was a medical officer of WBHS. He died of COVID leaving me and my 2 unmarried daughters. My father-in-law is 96 and living. He is a pensioner as well. For my husband's legal heir certificate, is it mandatory to include his name as legal heir although he receives a pension of his own? If it is not mandatory what can we do to avoid it?
father's name as legal heir is not to be included in the legal heir certificate of a predeceased son if the son has a class 1 heir living at the time of his death. class 1 includes wife children and mother. also for all practical purposes the successors of your husband is you and your daughters with you being the principal right holder of family pension.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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no not necessary only you and your daughters name will work if you have to make legal heirship certificate you can get the certificate within 3 days certain documents are required what is your jurisdiction ...
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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as a legal heir he is mandatory to be included if he gets to know, he can challenge the legal heir certificate or any document you make and avoid him its better to take consent and request him to stay away rather as he is getting pension you can claim monetary relief from him citing valid reason and he will be bound to maintain you and your kids
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Adv. Aveek Bose
Kolkata | 500+ Answers
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