Can we block our father's claim as a legal heir?

Advocate A M Iktear Uddin (anik) Answered: 31 Dec 2024

To prevent your father from laying a claim as a legal heir immediately after your mother's demise, take the following steps. Collect together documents and testimonies relating to his abandonment, such as evidence of absence and lack of support towards you while you were still in your mother's womb. You can then present a succession certificate in the civil court, stating that your father was absent and you along with your sister happen to be the actual heirs. Consult a lawyer specializing in inheritance law, who can help you understand the procedure properly and give your case against his claim the proper strength.

Advocate Ayantika Mondal Answered: 31 Dec 2024

You can only prevent your father from being a legal heir by proving that he has actually abandoned his responsibilities and relationship with the family. You and your sister are both legal heirs, so you may file a petition in the civil court for a succession certificate, explicitly stating that your father is not present with you and is not involved. Make a case file of evidence of his abandonment and all relevant documents to the case. This will enable an attorney experienced in inheritance law to help you go through the legal procedure smoothly and build a strong case.

Advocate By LEAD INDIA Answered: 31 Dec 2024

Sir, if your mother did not have a will or any legal document stating her wishes, your father may still have a legal claim to her estate. However, depending on the laws of your country or state there may be ways to legally exclude him such as through disinheritance clauses, abandonment, or a legal agreement between heirs. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.