Who will succeed the property?

Sri Vidya (Querist) 28 May 2011 This query is : Resolved
An unmarried lady died without making a will. she has 2 married sisters and one married elder brother. another sister of hers has passed away and her son is left behind. to whom will all her property vest in if she has died without making a will? (its a Hindu family)

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Guest (Expert) 28 May 2011
first it will go to her children only , if she is not having the children then to her relative like sister and brother and if the sisters are passed away then LR's of that sister will get the share of their mother only share in the property.
the property first divided into 3 parts one for brother and two for the sisters and if one sister passed away then her son will ger her part if he is the only Legal Representative of the sister.

PALNITKAR V.V. (Expert) 28 May 2011
From the query it seems that the lady has died issue less. If that be so, the property will be divided between the sisters and the brothers of the deceased.

R.Ramachandran (Expert) 28 May 2011
Section 15 of the Hindu Succession Act, 1956 provides the General rules of succession in the case of female Hindus.

(1) The property of a female Hindu dying intestate shall devolve - upon the mother and father;

If mother and father are not alive, then the property will devolve upon the heirs of the father; (i.e. deceased's brothers and sisters)

In the instant case, I assume that the father and mother of the lady also died already.

Therefore, the property of the unmarried lady will go equally to her surviving brother(s) and Sister(s).

M/s. Y-not legal services (Expert) 28 May 2011
Yes. Am agree with mr.ramachandran's view. There is no one clause 1 legal heirs. So its will go to the surviving brother, sisters as clause 2 legal heirs.