Is It 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?
Posted 10 months ago  | 
Family Law,Wills/Trusts
Family Law Wills/Trusts

1 Answer(s)

Rashi Gahlaut
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 will also suffice court purpose.