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
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.