Response

Your friend’s wife will have apply for legal heir certificate to get the amount. and will have to make a declaration suit that her childrens are with her. To apply for legal heir certifiacte you need to follow some procedure. The applicant has to visit the Tahasildar or Taluk office. An alternate option to apply for the same is when the applicant can approach a lawyer from the District Civil Court.The applicant has obtain the application form from the concerned Tahasildar officer.The applicant has to enter all the required information in the application form.Upon entering the details, the applicant has to attach all the mandatory documents to the application form. affix a stamp of Rs. 2 in the application form.submit the application form to the authorised officer in the Tahasildar office.The application is verified by the Village Administrative Officer and Revenue Inspector.After completing all the verification process, the certificate will be issued by the concerned authority mentioning all the legal heirs of the deceased. According to the Hindu succession law, if a Hindu man leaves behind property without a Will, it is primarily passed on to Class I heirs (the widow, children and mother) in equal share. If there arenÕt any Class I heirs, Class II heirs (father, grandchildren, great grandchildren, brother, sister and other relatives) can claim the property.

Reference: The Hindu Succession Act, 1956

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LAWAYZ-2023-517