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Prem (MD)     23 March 2013

Right on property

Dear Forum Members..!

Please clarify the following..

Does Father and Mother of a Deceased Son, have the right on self acquired property of their deceased son who has wife, daughter and son living. If yes, please let me know the percentage of right on the deceased son's property.

Thanks

Prem



Learning

 2 Replies

Adv k . mahesh (advocate)     23 March 2013

yours case will apply to intestate succession

means the distribution when a person dies without leaving a valid will and the spouse and heirs will take (receive the possessions) by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Collectively these are called the laws of intestate succession

and it is distributed to Heirs in Class I and Class II 

means 

THE SCHEDULE (See.Sec.8) 

Heirs in Class I and Class II 


 

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 predeceased son; daughter of a pre-deceased son of a predeceased son; widow of a pre-deceased son of a predeceased son.

Class II

I Father

II (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 mother

IX Mother's brother; mother's sister.

Explanation.--In this Schedule references to a brother or sister do not include reference to a brother or sister by uterine blood.

 

Rajendra Shrivastava (advocate)     24 March 2013

k. mahesh is right.


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