Manoj (abc) 24 November 2013
The case relates to Hindu Succession Act where the person had died in the year 2010 without writing a will and holds a property which was inherited to him from his father.
There is no one available in Class I Relations.
But more than 1 relations in Class 2 legal heirs.
1) Sister
2) Brother's widow
Shall the said property be divided equally among both parties here or whether the sister gets the entire share as she comes higher in precedence in the class 2 relation List?
T. Kalaiselvan, Advocate (Advocate) 25 November 2013
As far as class I legal heirs , if there is any pre-decesed heir, then their legal heirs will be entitled to a share in the movable or immovable property or any other asset/estate, but as far as the class II legal heirs, only the surviving legal heirs upon the intestate death of their sibling will be entitled for a share and not a predeceased share's legal heir will be entitled. Thus the sister will be entitled for full share in the property. The sister in law (wife of pre-deceased brother) will not form part of class II legal heir.
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