The question (12 marks)
Ishwar died at his home in Mumbai without leaving a will, survived by his widow, an adult son and a daughter aged twelve. He left a flat, a bank fixed deposit, shares in two listed companies and an unpaid provident fund balance. The widow asks what she must obtain in order to claim the provident fund, to collect the deposit and the shares, and to protect the daughter's share. (a) Which documents will you advise her to apply for, and to whom? (b) State the particulars each application must contain. (12 marks)
MU Module IV, 4.7 and 4.8; pack ch. 04, heirship certificate, probate and succession certificate.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Succession, Guardianship, Adoption and RTI of Drafting, Pleading and Conveyancing – II.
Authorities you will need
- Indian Succession Act 1925, section 370
- Indian Succession Act 1925, section 371
- Indian Succession Act 1925, section 372
- Indian Succession Act 1925, sections 373, 374 and 381
- Indian Succession Act 1925, section 2(f) and section 222
- Guardians and Wards Act 1890, sections 7, 8, 9, 10, 29, 31 and 34
- Hindu Minority and Guardianship Act 1956, sections 8 and 13
- Hindu Succession Act 1956
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.