Succession law
santosh Pawar
(Querist) 11 February 2012
This query is : Resolved
Sir,
My aunty ( father's sister )died unmarried without any will.I myself along with other 4 are her real brothers son and daughters. Her two brothers already expired before her death.Only one of her real sister is alive and she is know claiming that she is only legal heir to her sister's movable and immovable property as per Hindu succession act,as she comes first in priority in class II heirs and we ( brothers son and daughter) are not her legal heirs.
Sir, my question is whether we are also her legal heirs and claim our share in her property as per Hindu succession law Or whether her sister is her only legal heir as her sister is claiming. Her property is self acquired and also some property is from her father and we are hindu family.
Raj Kumar Makkad
(Expert) 11 February 2012
Entire properties left by your deceased aunt shall be divided in 3 equal shares. One share shall go to the legal heirs of one pre-deceased brother and second shall to to the legal heirs of second pre-deceased brother and third shall be retained by alive sister of your deceased aunt.
You being legal heirs of your father are duly co-sharer in the aforesaid property so file a suit for partition and possession.
prabhakar singh
(Expert) 12 February 2012
IF ON HER DEATH SHE WAS NOT SURVIVED BY HER FATHER OR MOTHER THEN HER PROPERTY SHALL GO TO HEIRS OF HER FATHER.
HEIRS OF FATHER WOULD BE THOSE ENUMERATED IN CLASS I SCHEDULE WHO ARE HIS Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a predeceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a predeceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
AND THESE ALL TAKE EQUALLY AND SIMULTANEOUSLY.HENCE YOU ALL ARE HEIRS INCLUDING THE CLAIMANT.BUT HER EXCLUSIVE CLAIM IS WRONG.
