Paternal aunt's property
Maria
(Querist) 29 January 2018
This query is : Resolved
My paternal aunt died leaving behind a flat in a co-operative housing society (currently occupied by tenant kept by my aunt when she was alive), provident fund, bank accounts and gold in Mumbai. My aunt was a cancer patient and was residing at her cousin brothers (mother’s sister’s son) place at time of death. According to Christian law who is rightful to inherit her assets. I am her brother’s son can I inherit it? What if she kept a will? Can my uncle claim her property on the ground that he took care of her? If I am eligible to claim her property what is the procedure? I am an inhabitant of Mumbai. Kindly guide me.
kavksatyanarayana
(Expert) 29 January 2018
Is the property ancestral or self acquired? Your aunt's husband and her children are 1st class legal heirs and hence they have right over her properties.upon the heirs of the husband.next upon the father and mother, next upon the heirs of the father, and next upon the heirs of the mother.
Vijay Raj Mahajan
(Expert) 30 January 2018
For Christians living in India the intestate succession as well through Will, is covered as per the provisions of the Indian Succession Act, 1925.
If there is a Will of the deceased Christian woman than the beneficiary as mentioned in the Will shall be entitled to get all the wealth, property estate as mentioned in the Will.
If the deceased Christian woman died intestate without making any Will than the wealth, property, estate shall devolve to her heirs as provided in the Act. The lineal descendants shall get the property as per the rule of distribution but in case no lineal descendants exists, rule of distribution shall be as provided:
Section 41. Rules of distribution where intestate has left no lineal descendants.—Where an intestate has left no lineal descendants, the rules for the distribution of his property (after deducting the widow’s share, if he has left a widow) shall be those contained in sections 42 to 48.
Section 42. Where intestate’s father living.—If the intestate’s father is living, he shall succeed to the property.
Section 43. Where intestate’s father dead, but his mother, brothers and sisters living.—If the intestate’s father is dead, but the intestate’s mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares.
Section 44. Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.—If the intestate’s father is dead but the intestate’s mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate’s lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death.
Section 45. Where intestate’s father dead and his mother and children of any deceased brother or sister living.—If the intestate’s father is dead, but the intestate’s mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sisters shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death.
Section 46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.—If the intestate’s father is dead, but the intestate’s mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.
Section 47. Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death.
Section 48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.—Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him.
In your case section 47 rule shall apply as you're the son of the brother of deceased aunt and you will inherit her estate/property. As far the mother's sister's son is concerned he can be covered in section 48 of the Act but since your position is higher in the succession ladder you right on her estate/property shall prevails over his right to claim it.
R.Ramachandran
(Expert) 30 January 2018
I am afraid. Both you and your aunt's sister's son all would be covered under Rule 47 (as it covers both the sons and daughters of pre-deceased brother and sister) and have to share the property left behind by your aunt equally.
Vijay Raj Mahajan
(Expert) 30 January 2018
Aunt's mother's sister's son is not same as aunt's brother's son, so please don't get confused, you only covered u/s 47 not the other fellow.
R.Ramachandran
(Expert) 30 January 2018
Dear Mr. Vijay Raj Mahajan,
Thanks for pointing out. I stand corrected.
I mistook it as Aunt's sister's son (though the real fact is Aunt's mother's sister's son).
You will notice that even in my above reply, I have wrongly said "you and your aunt's sister's son' (and not your aunt's mother's sister's son).
Thanks once again for correcting my mistake.
Maria
(Querist) 30 January 2018
Thank you Sir for your valuable advice. My aunt is not married nor her mother/father is alive, she had only one brother i.e. my father and he is also not alive. Sir as I am her nearest relative please advise me what is the procedure to transfer my aunt’s flat in my name ,also what is the procedure to claim her provident fund ? What are the documents required for the transfer? Is there any transfer fee ? Please advise.
Awaiting your advice.
Vijay Raj Mahajan
(Expert) 31 January 2018
Get the legal Heir certificate from the SDM office of your district and than get the mutation of the property done in your name. The provident fund etc. can also be claimed on the basis of legal heir certificate.
Maria
(Querist) 01 February 2018
Thank you Sir for your advice.
