Wills
Is it mandatory for a person to heir someone for 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?
By  Mihir Dharap  |  14 Dec 2016  |  Upvotes: 0  | 

1 Answer(s)

Prateek Kumar
Advocate

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 which will also suffice court purpose.

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