Debt

DEEPAK DHAMEJA (Querist) 07 November 2013 This query is : Resolved
MY UNMARRIED SISTER HAS EXPIRED. AND SHE HAS LEFT AROUND Rs. 8-10 LACS IN FORM CASH AND GOLD. ( WITHOUT MAKING ANY WILL)
THEN WHO WILL BE LEGAL HIER OR OWNER OF THAT AMOUNT AND GOLD ?

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Advocate M.Bhadra (Expert) 07 November 2013
HINDU SUCCESSION ACT Sec.15.

General rules of succession in the case of female Hindus.-

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.

(b) secondly, upon the heirs of the husband.

(c) thirdly, upon the heirs of the father, and

(d) fourthly, upon the heirs of the father, and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),-

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father, and

(b) 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 pre-deceased son or daughter ) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

If the said amount are in Bank and the said deceased did not mentioned any Nominee then you require a
Succession Certificate which can be granted by the District or Delegate Court with respect to any ‘debt’ or ‘security’ to which a right is required to be established for debts and ‘security. (means Government Securities, shares, stocks and debentures in companies and incorporated institutions, debentures or securities issued by or on behalf of local authorities)