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Sreedharan (MD)     13 August 2014

Clarification needed

Dear respected Lawyers.

Please clarify my query.

What happens to the share of the Heir in 'Class I' of a male Hindu intestate who dies after the intestate.

Will the share of the heir who died after the intestate will directly go to his/her heirs OR it also needs to be in the heirs of Class I of the intestate.  

My case: There are 7 heirs under 'Class I' of the male Hindu intestate.

The 7th heir died (without a WILL) being the mother of the intestate .

So, her share will directly go to her heirs ?

OR

the beneficiaries also needs to be the 'Class I' heirs of the above said First intestate?

Because, the present beneficiaries who are going to enjoy the share of the 7th heir(mother of the intestate) are brothers and sisters who are 'Class II' heirs of the above said first intestate.

Thanks and Regards

SREEDHARAN



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 August 2014

The property of a deceased who  died intestate will devolve equally among all his class I legal heirs first.  In this situation, the share of property so acquired by any legal heir will be his/her own property and subsequent to his/her intestate death this share will devolve upon the class I legal heirs of this shareholder.

Sreedharan (MD)     14 August 2014

In that case...When the mother is one of the the ‘class I’ Legal heirs of each and every son’s of her.

 

 

 

For example:- In a family of 8 members, one son dies intestate leaving behind 7 members Wife, 5 sons and  mother.  The mother will exist in all the 5 sons ‘Class I’ legal heirs.

Suppose, one son is a multi millionaire on his own self earnings. And he has wife, 4 sons and 1 daughter. And all his other brothers are very poor and are in a miserable position with the result of leading undisciplined life.

In that case also, if this particular son dies intestate, his property will be shared to even his brothers by way of living mother’s share(ie.,1/7th) at the time of his death who also died intestate.

 

Am I right Kaliselvan sir…?


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