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14 September 2009

A Brother say "A" died intestate having one flat. He has two sisters "B" and "C" and another brother "D". "A" was unmarried. "D" was married, but a few years later, "D" also died. Both the sisters decide to sell the flat and as a part of the procedure apply for heirship certificate of "A"'s flat and get the same in a few months. Can "D"'s wife also claim stake in the procceds which the sisters would receive after selling the property? If yes as per which law?riven

Raj Kumar MakkadOnline (Expert)
14 September 2009

The successors of D including his widow should immediately chellenge the order of the civil court providing the succession certificate in favour of B & C. As the A was unmarried at the time of his death, his succession must have been gone in favour of B, C & D equally and after death of D his legal heirs are entitled for the ownership of D means 1/3 share of flat.riven

14 September 2009

I agree with Mr.Rajkumar.D's wife as his legal heir is also entitled to his share. She should either get the legal heir certificate set aside or claim her share from the other two by instituting a separate suit as the other two would be deemed to have held the amount in trust


Sarvesh Kumar Sharma Advocate (Expert)
15 September 2009

agree with both of exper's openiun.riven

Y V Vishweshwar Rao Online (Expert)
15 September 2009

As on the date of death of -A-,,,--D- was alive and he along with his two sisters succeeded to the estate of the -A- and accordingly-B-C-D are equal share holders , after death of -D- his wife and children are entitled to the share of -D- i.e;- 1/3 rd share , as successors to -D-

(Sec 11 of the Hindu succession Act & Class II - Entry ii of Schedule) .

Adinath@Avinash PatilOnline (Expert)
15 September 2009

Section 11 of hindu succession Act & class II of of hindu succession Act Section 8 is applicable .B.C.D. are entitled for equal share. After death of D his wife and chidren are equal share in D"s share.riven

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