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Sunantha Nayar (MD)     07 November 2014

My father's brother property

My Father is no more and i am her only daughter and he has 1 brother and 1 sister.

 

My father's sister is also no more and she having one daughter and my father's brother having no Sons/daughter.

 

My father's brother died recently, he didnt not written any wills during his last days,

 

Just want to know who is the hier to the property now.

 

so as of now in our family , Myself and my father's sister daughters and my father's brother wife's are alive.

I want to know who is the hier to the property of my Father's brother

 



Learning

 2 Replies

Anish Thakur 7018812737 (advocate)     07 November 2014

AS PER Hindu amendment sucession act 2005 the property will inherited equally by class - 1 legal heirs the list of class - 1 legal heirs are as follows:

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

If no class 1 legal heir is available then into class 2 legal heirs

List of class 2 legal heirs is :

 

CLASS IInd HEIRS

  1. Father

  2. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister

  3. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.

  4. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.

  5. Father's father; father's mother.

  6. Father's widow; brother's widow.

  7. Father's brother; father's sister.

  8. Mother's father; mother's mother

  9. Mother's brother; mother's sister.

 

Class I heirs take simultaneously to the exclusion of all other heirs Heirs in the first entry of 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.

General Rules of Succession - Female Hindus
The property of a female Hindu dying intestate shall devolve:

  1. firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;

  2. secondly upon the heirs of the husband;

  3. thirdly, upon the mother and father;

  4. fourthly, upon the heirs of the father; and;

  5. lastly, upon the heirs of the mother

However, if any property is inherited by a female Hindu from her father or Mother it shall devolve in the absence of any son of daughter of the deceased (including the children of any predeceased son or daughter) not upon the heirs referred to above but upon the heirs of the father; and any property inherited by a female Hindu from her Husband or from her father in law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon their referred to above, but upon the heirs of the husband

T. Kalaiselvan, Advocate (Advocate)     11 November 2014

The above explanation is satisfactory and I concur with the views.


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