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Succession right in case of issueless and widower uncle (Property Law)

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Author : Puja

Posted On 10 January 2017 at 13:12



Hello ,

What are the succession rules in case of dead issueless and widower male .Father has already passed away and he has two younger brothers and niece and nephews of an older brother .

Thanks in advance !!!



 

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Expert : Kumar Doab

Posted On 10 January 2017 at 15:54



It is believed that the deceased male is Hindu.


Confirm!



Expert : Kumar Doab

Posted On 10 January 2017 at 15:56



Assuming that deceased was Hindu male.

The ClassI legal heir are; Mother, spouse, sons and daughters.

Is his mother alive?

Or was his mother alive at the time of his death?



Expert : R.K Nanda

Posted On 10 January 2017 at 18:14


Click to Talk

state full facts.



Expert : Rajendra K Goyal

Posted On 10 January 2017 at 18:41



State clear material facts.



Author : Puja

Posted On 11 January 2017 at 13:16



No Class 1 heirs are present . Mother and Father not present too. Wife is expired.



Expert : Kumar Doab

Posted On 11 January 2017 at 13:30



If ClassI heirs are not present then ClassII relations come in picture......




Father,Brother/Sister,Son’s daughter’s son/daughter,Daughter’s son’s son/daughter,Daughter’s daughter’s son/daughter,Sibling son/daughter,Father’s Parents,Brother’s widow,Father’s sibling
Mother’s parents,Mother’s sibling



Expert : rajeev sharma

Posted On 11 January 2017 at 13:37



When a hindu male who has not married a female of another religion under the provisions of Special Marriage Act dies intestate and there is no class one successor is left by him the property is devolved to class II successors.The class second successors are divided into certain groups and each group succeed in a group in order of precedence of group provided in the Act. Brother's son/daughter is in fourth group.
4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter

so it is advised that you contact a good lawyer with full facts and details of your famoly



Expert : Ms.Usha Kapoor

Posted On 12 January 2017 at 05:18



Agree with experts.



Author : Puja

Posted On 12 January 2017 at 06:34



In class 2 heirs ... what if two brothers are there .... an elder and younger what is the share ... or is it the elder one that succession ... pls elaborate




Author : Puja

Posted On 12 January 2017 at 13:34



Deceased is succeeded by two younger brothers ... what is the succession rule ... pls elaborate



Expert : Kumar Doab

Posted On 14 January 2017 at 19:16



ClassII:


Groups:


I. Father.


II. (1) Son's daughter's son; (2) Son's daughter's daughter; (3) Brothers; (4) sisters.




If father is not alive.



Entries in GroupII shall share.









Expert : Kumar Doab

Posted On 14 January 2017 at 19:17



Refer:


The Hindu Succession Act 1956


9. Order of succession among heirs in the Schedule.-
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.



11. Distributions of property among heirs in class II of the Schedule. –
The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally.




Expert : Rajendra K Goyal

Posted On 14 January 2017 at 20:15



Agree with the advice from expert Kumar Doab.



Expert : Dr J C Vashista

Posted On 15 January 2017 at 09:12



Very well taken the examination.
@ Puja
Do you have some other question for examination?
Thanks.



Author : Puja

Posted On 17 January 2017 at 16:09



Thanks for all the help ...

In class 2 heir ...

II. (1) Son's daughter's son; (2) Son's daughter's daughter; (3) Brothers; (4) sisters.

.....

Deceased has two younger brothers ... will it be shared equally amonst two ...

Thanks



Expert : Kumar Doab

Posted On 17 January 2017 at 16:47



Read carefully; At: (3) it is ::::Brothers



Expert : P. S. DHINGRA: sssfi2016@gmail

Posted On 17 January 2017 at 17:51



Ms. Puja should be thankful for getting solution to her academic exercise.

However, it seems as if she has not been able to get complete answer to her academic question, as she has raised another supplementary query, i.e., "will it be shared equally amonst two ..."

@Puja, why not post complete question in one go to get complete answer, when the member is ready to answer?


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