Legal heir of brother intestate
Chandrika Subramaniyan
(Querist) 03 April 2019
This query is : Resolved
Bachelor brother died intestate. Survived by Mother 90 yrs age and spinister sister 63 yrs. Can sister claim legal heirship for claims of property ? Mother already owns a property. Sister does not. Thanks This is Chennai
P. Venu
(Expert) 04 April 2019
The property is jointly vested with the mother and all the siblings of the deceased. The mother as well the other siblings, if any, can relinquish their share so that the sister becomes the sole holder of the property.
Chandrika Subramaniyan
(Querist) 04 April 2019
Thank you Sir P. Venue for reply. property is in the name of the deceased only intestate. So legal heir entitlement is whether Mother alone or can Sister also apply for legal heirship? Thank you
Kishor Mehta
(Expert) 04 April 2019
Both shall share equally.
kavksatyanarayana
(Expert) 04 April 2019
Obtain legal heir certificate. Mother and sister have equal rights over the property. Mother may execute gift deed in favour her daughter for her share or relinquish her right to her daughter.
Chandrika Subramaniyan
(Querist) 05 April 2019
Thanks to both of you for clarifying legality on legal heir application.
KISHAN DUTT KALASKAR
(Expert) 05 April 2019
Dear Sir,
It has to be inherited as per Section 8 as follows:
Section 8 of Hindu Schedule Act the wife is entitled as follows:
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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;
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.
