Distribution of property to legal heirs
Guest
(Querist) 23 July 2013
This query is : Resolved
Mr.X was a bachelar and by religion he was Hindu.He died in 1986 without making any WILL,leaving one unmarried brother and 3 sisters including 2 unmarried sisters.His one more younger brother, who was married, died in 1983 leaving his wife and 3 children comprising 2 daughters and 1 son.How his property will devolve upon his legal heirs after his death?
prabhakar singh
(Expert) 23 July 2013
Who Mr.X was by religion,Hindu,Baudh, jain,sikh,muslim, parsi, christian or what?
Do not you know we have funny secularism which does not provide uniform civil laws for all Indians.
Rajendra K Goyal
(Expert) 23 July 2013
Information sought by the expert prabhakar singh ji is necessary for reply.
R.K Nanda
(Expert) 23 July 2013
state full facts.
Raj Kumar Makkad
(Expert) 23 July 2013
Unless you post the relevant facts of the case, nothing can be suggested to you.
Guest
(Querist) 24 July 2013
Mr. X was a Hindu.
Guest
(Querist) 25 July 2013
Dear Probhakar Jee,
I shall be much obliged, if you kindly express your views on the above query.
prabhakar singh
(Expert) 25 July 2013
As the unmarried deceased did not leave any class one heir(mother) or class II entry 1(father)then among class II entry 2 which reads as"2. (1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister."
HENCE IT WOULD BE ONLY SURVIVING BROTHER
AND SISTERS WHO SHALL INHERIT EQUALLY.
HEIRS OF PREDECEASED BROTHER SHALL NOT GET ANY THING IN INHERITANCE.
(REFER TO SECTION 8& 9 & 11 and SCHEDULE CLASS II entry 2 OF Hindu SUCCESSION ACT,1956)
prabhakar singh
(Expert) 25 July 2013
BUT WHY YOU ARE CHANGING TERMS OF QUERIES TIME AND AGAIN?
ARE YOU QUIZZING SIMPLY.?
prabhakar singh
(Expert) 25 July 2013
The Hindu Succession Act 1956
s.8. General rules of succession in the case of males.-
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and
(d) lastly, if there is no agnate, then upon the cognate of the deceased.
s.9. Order of succession among heirs in the Schedule.-
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.
s.11. Distributions of property among heirs in class II of the Schedule. -
The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally.
prabhakar singh
(Expert) 25 July 2013
NO MORE DISCUSSION WITH ME ON THIS TOPIC NOW.
Guest
(Querist) 25 July 2013
Mr. Probhakar,
Thanks for your valuable comments.
I have asked 2 practical problems faced by a family.Since the facts of the cases were silghtly differenet ,I changed the terms of the queries.So, I had no intention to quiz you.
Regards,
CA A.K.Maitra
