See it cannot be taken as testamentary document, other legal heirs can claim share in the properties as it not a will. Yes other legal heirs can claim property, amount deposited in bank.
Can a pensioner's declaration form be considered as testamentary document
My Father aged 91 died in Jan 2019. No will. In his family pension form submitted and duly signed on 2014, he has declared only my name out of his four children as his legal heir. Can this document be taken as a testementary document? Does that imply that i am the only legal heir for all the moveable and immoveable assets? Can the other three claim any share of his deposits in the bank? Can the other three claim any share in his immovable properties?
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Declaration form cannot be regarded as father will
2) will has to be attested by 2 witnesses
3) all your siblings have equal share in his properties , bank accounts
1. This is not a Will at all and his death would be considered as intestate and hence on his death all his legal heirs including his widow, if alive, and his 4 children would inherit his property in equal share.
2. So all of you sit together and amicably divide his property in due share by a deed of mutual partition.
3. Else any of them can file a suit for partition.
Not precisely. The declaration has to be tested based on the facts and circumstances . Get a succession certificate.
If interested to talk my number is available in google.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
A will is an instrument by which a person makes disposition of his property to take effect after his death. It must be intended to come into effect after the death of the testator.
Declaration of name of one legal heir in any declaration form fails to operate as a valid will for it can not be construed as the manifest intention of a testator with respect to his property which he desires to be carried into effected after his death.
If it's a nominee then all the other legal heirs has share. You will need to go for probate proving that declaration to be a will in your favour
Mere declaration in your father's family pension form shall not declare you as the sole legal heir entitled to your father's estate. It shall not be construed as a Will legally. All your father's legal heirs shall be entitled to their respective shares in your father's estate.
NO,
All have 1/4th share.
Under no circumstances of pensioners declaration form can be considered as a testamentary document.
All the legal heirs of your father would have equal share in is movable as well as immovable properties.
This cannot be any evidence to accord you the title to all his properties.
Since he has not made any arrangement to all his properties including movable properties, all the properties shall devolve equally on all his legal heirs.
You cannot deny the other successors in interest their legitimate and rightful share in the properties left behind by your deceased father who is reported to have died intestate.
You better talk to all of them and arrange for an amicable settlement and mutually agreed partition of all the properties left behind by him so that you can avoid the litigation and other legal hassles.
