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)

458 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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Landlord/Tenant Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience
Advocate Ravi Jadhav
Koregaon Park, Pune
13 years Experience
Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Landlord/Tenant Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."