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Is legal heir certificate required if there is a will


02-Sep-2023 (In Wills / Trusts Law)
Is it necessary to obtain a Legal heir certificate if a will is made by head of the family before his demise. The will is not registered. but the copy of the will is given to concerned parties (his wife and children).It is clearly mentioned in the will that his wife is the legal-heir. If a legal -heir certificate is necessary where is it obtained from? As far as my information it is applicable if a will is not made by the person who passed away.( He is a Hindu)
Answers (2)

Answer #1
834 votes
The book 'The law of wills in India' by Prof V Narayana Swamy will give you full and satisfactory answer to all your questions and resolve your doubts
However why the need for legal heirship certificate has cropped up now?
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Answer #2
810 votes
If there is a Will you can get a probate, a legal heir certificate is given when there is no will and thats when it is given. It doesnt matter if the will is registered or not as long as you can prove the execution of the will before court you can get the probate in your favor and get things moving ahead.
It is mandatory to get a probate in Mumbai, Kolkata and Chennai.
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