Share of Assets of my Late Brother
GANESA NARAYANAN
(Querist) 24 January 2011
This query is : Resolved
My Brother has died intestate and has no issues. His Wife also expired. I have performed the last rites as per Hindu Brahmin Customs. My eldest Brother and his sons is not coming forward to share the Assets of my deceased Brother. They are holding vital documents and is not responding the Legal Notice also. The roperty is situated at Kolkata. I am financially weak and does not enough capacity to file the suit. Please help me if any body can do the free legal service in siling the Civil suit at Kolkata.
R.venkatesh Naidu
(Expert) 26 January 2011
the Hindu Succession Act, 1956. section 8, a hindu male dying intestate
a) firstly, upon the heirs, being the relative specified in class I of the Schedule
b) Secondly, if thre is n heirs of class I, then upon the hiers,being the relative speified ini class II o the schedule
so, in your case, there is no issue of your brothers family. So you and your another brother can got 1/2 of the share in your deceased brother's property.I your eldes brother and heirs has not interested in that property you got a noc or reliniguishment deed from your eldest brother and his hiers, then you got the full property.
