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Legal heir certificate / succession certificate


08-Aug-2023 (In Property Law)
My father has left a land in tamil nadu,a flat in Mumbai(transferred in mothers name).And my mother has some bank balance. Now we want to keep things sorted out before my mothers demise. So is it ok only if she makes a will and keep clarifying the divison.OR we need to make heir certificate/succession certificate itself when she is alive to avoid confusions later. If we need to make the above certificate as a mandatory requirement , whether both to be made or one will suffice the property issues in tamil nadu & Mumbai
Answers (1)

Answer #1
230 votes
As per your query, if your mother makes a will then post her demise the property will be distributed amongst her legal heirs according to the will. 
If she does not leave a will then you are required to get legal heir certificates made in order to claim equal share in whatever property/assets she leaves behind.

If the Will has already been made then no legal heir certificates need to be made at the time of probation whereas in the absence of will you will need to get legal heir certificates made to claim share in assets.

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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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