Succession right in case of issueless and widower uncle

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(Querist)
10 January 2017

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 !!!



Kumar Doab (Expert)
10 January 2017

It is believed that the deceased male is Hindu.


Confirm!

Kumar Doab (Expert)
10 January 2017

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?

R.K Nanda (Expert)
Click to Talk
10 January 2017

state full facts.

Rajendra K Goyal (Expert)
10 January 2017

State clear material facts.

Puja (Querist)
11 January 2017

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

Kumar Doab (Expert)
11 January 2017

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

rajeev sharma (Expert)
11 January 2017

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

Ms.Usha Kapoor (Expert)
12 January 2017

Agree with experts.

Puja (Querist)
12 January 2017

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


Puja (Querist)
12 January 2017

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

Kumar Doab (Expert)
14 January 2017

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.







Kumar Doab (Expert)
14 January 2017

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.


Rajendra K Goyal (Expert)
14 January 2017

Agree with the advice from expert Kumar Doab.

Dr J C Vashista (Expert)
15 January 2017

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

Puja (Querist)
17 January 2017

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

Kumar Doab (Expert)
17 January 2017

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



Guest (Expert)
17 January 2017

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?

Adv. Yogen Kakade (Expert)
14 March 2017

Rightly guided by the experts.



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