heirs of intestate property

shailesh (Querist) 12 September 2009 This query is : Resolved
My real paternal uncle, Indian Hindu, passed away in 2004 & his wife passed away month ago. They had no son or daughter. The clinic is in the name of uncle & residence is in the name of his wife. There is no nomination. My uncle had 4 brothers all are passed away. His wife survived by her mother, 2 sisters & a brother. Please let me know who are the legal heirs? Is his wife's mother-brother-sisters has any claim in the property

Thanks for the valuable advice. Will the situation diferes if my aunt is working woman?riven

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LEGAL DON OF INDIA (Expert) 12 September 2009
As per the info given by you, please note that only the descendants on the paternal side of your said uncle are tha lawful heirs.riven

Raj Kumar Makkad (Expert) 12 September 2009
because the clinic had already been owned and possessed by your uncle so after his death in the circumstances mentioned by you the legal heirs of all his 4 deceased brothers and your aunt was also a working women hence I presume that she had also became owner of the house either through her own income or joint income of her husband and herself. In her case also the reasoning given above shall run and nothing shall pass on to her parental side.riven

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Adinath@Avinash Patil (Expert) 12 September 2009
Please go through the Hindu succession Act class I & II of Schedulds . You will get your answer perfectly.riven

Prakash Yedhula (Expert) 13 September 2009
Answer by Shri S.A.Rajan sent to lawyersclubindia

After your uncle's demise, your aunt had inherited the uncle's property. After your aunt's demise, the properties which she inherited from her husband will devolve upon the legal heirs of the husband. As regards the self-acquired properties of your aunt, they will devolve upon her legal heirs. Please refer secs.14 and 15 of Hindu Succession Act.

S.A.RAJANriven

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shailesh (Querist) 14 September 2009
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Dr. Jyothi Vishwanath (Expert) 14 September 2009
According to Section 15 of the Hindu Succession Act, 1956, as far as the property standing in the name of your uncle's wife is concerned, it will in the first instance go to the heirs of the husband and in their absence, it will go to the mother and the father and in their absence to the heirs of the father and then to the heirs of the mother.
Regarding the property standing in name of your uncle under Section 8 it devolves upon the Class I heirs, then upon Class II, then upon agnates and then upon cognates. if no one is there it will go to the government. Class I and Class II list can be referred in the schedule to the act.riven