Inheritance of pre-deceased sister
Suresh Roy
(Querist) 08 April 2018
This query is : Resolved
My uncle died intestate about 6 months ago. He has 2 living brothers, 2 living sisters and 1 pre-deceased sister (died before him). His parents and wife are dead. He has no children.
Now, according to Hindu Succession Act his property will be distributed equally among his brothers and sisters. However, one of the sisters is pre-deceased. So, does she still get an equal part in the inheritance? Will the property be divided by 5 (all brothers and sisters) or by 4 (only living brothers and sisters)?
Thank you.
Kumar Doab
(Expert) 08 April 2018
GOthru;
Central Government Act
The Hindu Succession Act, 1956;8(b),9,11
ClassII; Entry-II
https://indiankanoon.org/doc/685111/
Kumar Doab
(Expert) 08 April 2018
The surviving brothers/sisters should share equally..
Kumar Doab
(Expert) 08 April 2018
What is the opinion of your own counsels..
Suresh Roy
(Querist) 08 April 2018
Thanks. My counsel says that pre-deceased sister would not receive any share. So, Its the same as your opinion.
Ms.Usha Kapoor
(Expert) 09 April 2018
The property would be divided among the surviving sisters and brothers equally.
P. Venu
(Expert) 09 April 2018
Your advocate is correct. Please see provisions of Section 8, 9 and the Schedule:
8.General rules of succession in the case of males
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
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.
THE SCHEDULE
[Section 8]
HEIRS IN CLASS I AND CLASS II
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
CLASS II
I. Father.
II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
IX. Mother’s brother; mother’s sister.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.
Kumar Doab
(Expert) 09 April 2018
It is good that you are satisfied..
Keep access to a very able senior LOCAL counsel of unshakable repute and integrity specializing in Civil matters and having successful track record ……and worth his/her salt…and the one such LOCAL counsel that renders right advise..
Notwithstanding Legal positions; there is NO bar if the family/ClassII legal heirs by their sweet will wish to provide any share to legal heirs of pre-deceased sister
