Who is legal heir of the unmarried ,expired son?
Ans. Under the HSA there are mainly 2 classes of heirs Class I & Class II heirs, the former take priority over the latter and succeed to the deceased property only in absence of the former the latter have right to succeed.
HEIRS IN CLASS I
Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, duaghter of a pre-deceased daughter, widow of a pre-deceased son, son of 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
1. Father
2. (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 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 sister.
IX Mother’s brother, mother’s sister.
Can the Fathers give such statement and can it every be invalidated or be challeged ever in court by daughters or sons.
Ans. Since the mother of the unmarried deceased son is alive she has complete right to succeed the property, the brothers or sisters of the deceased cannot claim any kind of right against the property in the court of law.
