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What all rights are acquired by Legal heir
12-Jun-2023 (In Family Law)
My father left us in 2007 however we got in touch in 2011 when he suffered a massive heart stroke since then we have been in touch over the call and have even met 5-6 times. My father had few FD had bought a property along with insurance policy wherein he nominated me for everything now he’s expired and my paternal uncle claims that my father left a will before his death giving all property to him? How is this possible when my father made me a nominee of everything ?? What needs to be done shall I file a FIR & get post mortem done as I fear he may have been killed due to property??
Sir no presumption . Sir the nominee is the care taker not the actual legal heir . Kindly go to the DJ court with father death certificate and get the legal heir certificate . Then with that certificate first take all the bank things and the insurance things under your control. Then check the will which uncle is claiming to be made by father . Ask the lawyer at the area sub registrar to check the validity of the document. And sir then . Take any step.
Helpful?
Nomination does not create absolute rights. In case of no will, all legal heirs inherit shares equally. U are class 1 heir and in the event there is no will, class 1 heirs inherit the complete share equally and ur uncle will get nothinhg. But if the will is found genuine then the inheritance will be as per the will. U should immediately file a suit for declaration and partition.
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Adv. Dhruv Rohatgi
Delhi | 25+ Answers
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If the body is still their then postmortem is always good idea go for it.Now on will whether it's registered or unregistered??? Then the question is whether the signature are genuine??? Finally who are the witness? Wether the will is typed or handwritten??? if hand written the whose hand writing??? What is content of the will and when was it drawn??? Whether content of will give detail's of property own and ansesttral???
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Adv. Amit Gaurav
Delhi | 200+ Answers
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Dear sir,
I totally understand your problem, either you can file the complaint in police and let the police do their work or you can file a civil suit against your uncle for forging the documents and not giving you your right. Being a son you have all the right over your father's property.
I totally understand your problem, either you can file the complaint in police and let the police do their work or you can file a civil suit against your uncle for forging the documents and not giving you your right. Being a son you have all the right over your father's property.
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Adv. Sonam Priya
Delhi | 25+ Answers
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