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What happens if someone hides the existence of other heirs?

What happens if someone hides the existence of other heirs?

06-Aug-2025

Succession Certificate

Answer By law4u team

If someone intentionally hides the existence of other legal heirs—for example, while applying for a succession certificate, legal heir certificate, probate, or property partition—it is a serious legal violation under Indian law. Here’s what can happen: 1. Revocation of Certificate or Order If someone suppresses the names of other legal heirs: The court may revoke a succession certificate, probate, or letter of administration under Section 383 of the Indian Succession Act, 1925. Grounds: Obtained by fraud, concealment of facts, or false suggestion. Any affected legal heir can approach the court to challenge the order. 2. Criminal Charges for Fraud or Forgery The person hiding legal heirs may be charged under the Indian Penal Code (IPC): Section 420 IPC – Cheating and dishonestly inducing delivery of property Section 415 IPC – Cheating Section 417 IPC – Punishment for cheating Section 463/464 IPC – Forgery (if false documents are created) Section 193 IPC – Giving false evidence in judicial proceedings Punishment can include imprisonment and/or fine depending on the offence. 3. Civil Consequences – Cancellation of Transactions If the property is transferred or partitioned based on false representation of heirs: The transaction can be cancelled by a civil court. The omitted legal heir can file a civil suit for declaration and partition to claim their rightful share. 4. Disqualification from Inheritance (in extreme cases) If the hiding of other heirs involves fraud, coercion, or undue influence, and is proven in court, the wrongdoer may lose rights under the principle of "clean hands." 5. Legal Heirs Can Take Action The omitted legal heirs can: File a petition to revoke the certificate or order. File a civil suit for their rightful share. File a criminal complaint for fraud and misrepresentation. Seek an injunction to stop the transfer/sale of property. Conclusion: Hiding other legal heirs is a serious act of fraud and misrepresentation, both civilly and criminally punishable. Courts take such acts very seriously, especially in family and succession matters.

Answer By Priya Chakraborty

Dear Client, Concealing the existence of other legal heirs during inheritance, property partition, or succession-related proceedings is a serious offence. It amounts to fraudulent misrepresentation and can lead to the cancellation of any succession certificate, legal heir certificate, or property mutation obtained through such concealment. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, such acts attract criminal liability. Relevant sections include: Section 316 BNSS (Cheating – previously Section 420 IPC) Section 244 BNSS (Giving false evidence – previously Section 199 IPC) Section 255 BNSS (False claim in court – previously Section 209 IPC) Section 324 BNSS (Criminal breach of trust – previously Section 405 IPC) If false affidavits or declarations are submitted to the court, it may also result in perjury and contempt of court. Any omitted legal heir has the right to approach a civil court seeking declaration of status and file a partition suit for their rightful share. Hiding the existence of legal heirs is both legally punishable and ethically wrong, with serious consequences. If you believe such concealment has occurred or need legal guidance on inheritance matters, feel free to contact me for a consultation.

Answer By Anik

In case one conceals the presence of other legal heirs when seeking succession certificate or right to property, this is deemed as fraud. The heirs who have been suppressed are able to question the grant of succession or mutation. The court can cancel or revoke the previous certificate or order in case it was attained through misrepresentation under Section 383-Indian Succession Act. The concealment of heirs also has an impact in partition and succession rights to personal laws. In Krishna Kumar Birla v. The Supreme Court ruled, through the case of Rajendra Singh Lodha that suppression of facts in probate cases is serious, it can even result in cancellation.

Answer By Anik

Dear Client, Hiding out that you have heirs is a very serious legal issue which has large scale results we are talking civil and criminal action. Also any distribution of the estate based on false info will more than likely be challenged in court and thrown out. True heirs have full legal right to put forward their case and claim what is theirs. In some cases the heir that was hidden out of which may be a person’s own share of the inheritance which they are forgoes and also which which sees that person sued by the proper heirs for civil damages which includes the monetary value of the inheritance which they did not receive. If the person that is putting the heirs away is the executor which they will most likely be removed from their post and which will in turn see in put an impartial administrator. Hiding of heirs also is a criminal act which includes fraud, theft, or perjury. These crimes may result in large fines and at times also in jail. What to do when a heir is put away. If it comes to your attention that a proper heir is being left out, it is of the upmost importance to take prompt legal action. You should:. Gather Evidence: Gather up any documents and financial records which support your claim also include birth certificates and personal correspondence. Consult a Lawyer: This at the very core is what a probate litigation attorney does they guide you through the complicated legal process and assist you in filing suit. Petition the Court: In the probate process you may put forth a petition for the person in control of estate info to turn over all relevant documents. Also a court may order an investigation or a full accounting of the estate. In some cases which we see as a means of not bringing forward the issue of heirs to the attention of the public is in fact a very serious issue with large scale legal, financial, and at time criminal issues at hand. The law is put in place to protect what is due all legal heirs and to see to it that an estate is distributed as the law intends. I am to hope that my answer to your question is satisfactory. If after that you still have issues please do not hesitate to ask. Thank you.