Legal heirs

badmanaban (Querist) 28 June 2012 This query is : Resolved
My mother died recently. She having some properties

I want to take legal heir certificate from the sub court. Then who are legal heir? Now living relatives are?

1) Husband
2) Childless widow daughter in law
3) Three son
4) 2-Grand son and 3-grand daughters

Are now living. now who are valid legal heirs?

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Adv.R.P.Chugh (Expert) 28 June 2012
Dear Querist,

Depending on the how the mother came to acquire the property.

If the property was self acquired or acquired through husband or father in law's side - then husband, children, grandchildren share per capita (equally)
Childless widow DIL won't take anything.

If the property was inherited through father's side of things - then it goes exclusively to children and children of children - and not to husband also.

This is done to preserve the property in line from which it was got.

badmanaban (Querist) 28 June 2012
The property from mother father property

Sankaranarayanan (Expert) 28 June 2012
well answered by my learned friend mr bharath, the second paragraph of his answer is eligible

SAINATH DEVALLA (Expert) 28 June 2012
Maternal grandfather's property inherited by mother,only her childen have a direct claim over it after her demise. to the . The Schedule given in the Hindu Succession Act, 1956, provides the list of all Class I & Class II heir's.The children and grandchildren are considered to be class I heirs,whereas the husband is class II heir.

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