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Is an affidavit before a first class magistrate enough for succession


11-Sep-2023 (In Property Law)
My late uncle had his property in two districts of WB -- Howrah & Purba Bardhaman. He was a bachelor and died making a hand-written will in my favor. This is yet to probate. When he died, he had my father and three sisters alive. Later one sister died after 1 year. Certainly the dead sister's son & daughter have sent us an affidavit made before a first class judicial magistrate of alipore (24 parganas) court stating him intestate and showing my father, other two sisters and them as uncle's successor. My question is -- 1. If such an affidavit is valid in case of succession? 2. what I shall have to do now. They are pressuring my father to forget the hand-written will and sale the house.
Answers (1)

Answer #1
801 votes
It is necessary to take probate of that Will, if you are willing to take my Legal opinion professionally upon online payment, then can contact. Please take note that your deceased aunt's children have done so on their Lawyer's advice to claim inheritance through Legal Heir Declaration.

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