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Legal heir certificate requirementsLegal heir certificate requirements

ANY »Posted 4 Dec 2019 Post Answer

legal question My father who was a governnment servant has been absconding for last 12 years. We are goingn to initiate a legal heir certificate request for his pension and other benefits. I have 2 brothers who are absolutely not cooperating in this matter or are nont interested. What should be done in this case to obtain a legal heir certificate in the favor of my mother & me.

legal answer from lawyer E00312578Though your brother are not cooperating yet they have equal right as a legal heir so they also get equal share along with your mother and you



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legal answer from lawyer E00302659Is your father dead. Legal presumption is that the person should have not heard for 7 years to declare his death. I suggest you can go ahead with filing suit for succession certificate, your brothers can be represented by you itself.



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legal answer from lawyer E00019212sir go for the FIR then to the missing person beuro then to the NGO file case there and take receipt with all the receipt then go to the DJ court and file for the same .



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legal answer from lawyer E00297058Dear Sir,
Under the provisions of Evidence Act you can file a suit for declaration to declare that your father is dead as he is not heard for last more than 7 years. On such decree you can claim legal heir certificate and all the benefits thereof.
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Section 108 in The Indian Evidence Act, 1872
108. Burden of proving that person is alive who has not been heard of for seven years.—1[Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2[shifted to] the person who affirms it.—1[Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2[shifted to] the person who affirms it."

I could have explained more if background is known to me. I am at your service if you visit my office.

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