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  • Category: Indian Law

    How to make third person as my Legal Heir


    want to know how to make non relative a legal heir? Searching for detailed set of steps and procedure to do so? Here, our ISC experts have provided suggestions to make a non blood relation or relative a legal heir.

    I'm unmarried girl and I don't have siblings. After my death I would like to make another person as my legal Heir ( who is not blood relation and relative). Is there a possibility to make him as my legal Heir and what is the procedure and steps to be followed?
  • Answers

    6 Answers found.
  • If the property you are having is self-acquired, you can make a will and give your assets to anybody you like. You can name anybody. There is no rule that he /she should be your legal heir as per law. You can name anybody and no law will come in between. But the conditions are
    1. The property is your self acquired and not obtained from your ancestors.
    2. You should write a will and notarised it and keep it with your lawyer and he can declare the will after your death.
    3. If you want more information, you can contact a lawyer who can guide and help in making a legally valid will.

    But in case the property is acquired by you from your ancestors, you have to give it to the legal heirs only.
    You can't make anybody you want your legal heir. Who will be the legal heir? As per Hindu Succession Act, the legal heirs are
    1. The parents of the person
    2. If any of the parents are not alive, her siblings
    3. If there are no siblings, legal heirs of the father will be the legal heirs
    4.. If the father is not having any living legal heirs, her mother's legal heirs will be the legal heirs.
    If you have any savings, you have the nomination facility. You can nominate anybody you like and if there are no claims from any other person the nominee can acquire that money. You can mention these savings also in your will so that he. she can become the sole owner of that money also.

    drrao
    always confident

  • Legal heirs are those blood relations and close relatives as per specific laws existing, who will (or eligible to)inherit the assets and estates of a deceased person. There are specific rules and laws for succession n India.
    So an individual cannot make someone a legal heir at random choice.
    However if one is having a totally self acquired property or asset then one can 'Nominate' or 'make a Will' in favour of any one whom he or she wants to give the assets and properties.

    Many liquid assets like bank deposits, or Insurance have nomination facilities. You can make use of that and give nomination in favour of the person whom you wish to give. But nomination can be done only for the specific asset and separate nominations have to be done for each such assets.

    But a Will can include all assets and properties one want to give to a chosen person. In the Will one can give very clear directions as to whom and how the assets are to be given or handled. A Will can be Notarised.

    However if the properties are ancestral, then even though one can make a will in favour of someone, any other claimant can dispute and claim by filing case in court if he can establish that he has a right for inheritance on those properties. Here the law about succession by legal heirs can operate.

    There is a provision and possibility of 'adopting' .But this is subject to various conditions and terms of law.

    For more specific details you may consult an experienced lawyer dealing in such matters.

  • If you have acquired the property from your parents and it is in your name and you have not married and not adopted any child then you can make a will for your property in some name who can be anyone. If the property is in your name and you want to transfer the property right now in someone's name then it would require the transfer of the property in the name of that person and for that there is a standard procedure where one has to register this transaction in the registrar office by paying the requisite transfer fee. Once the title of that property goes in the name of that person then you lose all the rights and only that person can deal in any next transaction in that property.
    If you do not have the property in your name but you are expecting that it would be in your name in future then first make sure about it that there is no beneficiary of that property other than you. For example if there is a property from the grandparent side (ancestral property) for which your uncles and sisters of your father are also contesting then it is obvious that you will get a small share of that property. So before contemplating any transfer of that property first thing is have it or have any applicable portion of it in your name and then think about that transfer.
    Property inheriting sometimes becomes a complicated matter when the family members start claiming for it in a random fashion. So it is advisable to take advice of some lawyer in this regard and then take the actions accordingly.

    Knowledge is power.

  • It would be helpful if you give us more detail about the legal heir for what purpose or just property related, like, whether the property is self acquired or ancestral one or cause of legal heir?.

    Assume if it is a property one. If the property is already registered on your name without any litigation so far then you have full rights (by way of will) to make legal heir to anyone as you would like whether they are relatives or non-relatives / him or her. In case if the property is ancestral one and it is not registered yet on your name then the issue may arise from close relatives.

    You know the situation better about you thus you can consult with local agent who make the 'Gift Deed' or 'Release Deed' registered paper etc. so that they can explain you well on this. Likewise, you need to consult with few other agents' to know the loopholes on it before you conclude it.

  • The legal position of the concept of heir is quite clear. Like most laws around the world, Indian law recognizes the concept of an heir. Heirs include persons who are legally entitled to inherit property from their ancestors.

    The ancestral property is divided among the legal heirs of the owner under various laws of India. Quite complicating the distinction between properties is the fact that self-acquired property becomes ancestral property over a period of time. The opposite is also true - ancestral property can also become self-acquired property.

    An heir to ancestral property is a person who is legally entitled to inherit the property of those ancestors. There are many cases where people declare their property to be heir to some other person but for this, it is very necessary to make a will. If you do not make a Will, then you cannot transfer your property in the name of any third party.

    It is wise that you meet a good legal adviser, or lawyer, etc., and talk about it, he will give you the right and proper advice as well as the way in which you can get your will done as soon as possible and legally.

  • There is no problem in making any person as your legal heir provided the property has been acquired from your earnings. It is applicable for both your movable and immovable assets.
    In case of your fixed deposits, you are at liberty to choose any nominee even if someone is not your blood related person.
    However, before handing over to your self acquired property, some evidence is required in your favour showing that you have availed from your bank or from the company for the purchase of the said property. You should have all the property related papers favouring your name. Take the consultation of the lawyer in case of transfer of the same property to the beneficiary whom you want to make legal heir who is not connected to your blood relation so that no complications arise on legal angles.
    In case of ancestral property, you cannot choose anyone of your choice but the property has to be named in favour of the close relatives hailing from the joint family. However, there is a catch in this case the other members of the joint families might oppose you in case you want to make a close relative as your heir.
    Take the consultation of lawyer in this case so that during the process of your ancestral property to the beneficiary, no complication arises.


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