mandatory for heir of a deceased plaintiff to produce Registered Will?


In RAE (Rent Arrears & Eviction Suit in Presidency Small Causes Court in Mumbai, under what Law/ Act/ Sections/ Sub- section/s it is mandatory for the heir of a deceased plaintiff to produce Registered and Probated Will &/or Inheritance Certificate as a proof to succeed as legal successor / heir? In absence of such WILL / Certificate can such suit be dismissed? In absence of such WILL/ Inheritance Certificate how can a heir claim legal right, title, possession of property of a deceased plaintiff?

Answers (1)


260 votes

The legal heir of the deceased can claim of legal right, title, possession of property of a deceased plaintiff by virtue of Section 10 of Hindu Succession Act( assuming  the party is Hindu). 

Further with respect to property matter to claim right as a tenancy the legal heir would be required to furnish a legal heir certificate or an affidavit on oath stating that the members are legal heirs of deceased will also suffice court purpose.


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