Rights over property of deceased brother.

K.P. Asole (Querist) 02 June 2014 This query is : Resolved
We are 2 brothers, 4 sisters and 1 mother alive now.
2 brothers already deceased.

Brother 1 deceased has a widow and a daughter. No will left.

Brother 2 deceased has no widow or child. No will left.

Brother 1 & 2 both got there share of property from my father's property. ( my father bought that.)

Now how will the property of both the deceased brother's will be further divided among the rest living.

Thanks for helping.

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ROHIT SHARMA (Expert) 02 June 2014
1. The share of the brother 1- in his property will devolve upon his widow and daughter in equal proportion.

2. The share of the brother 2- will devolve equally upon the surviving legal heirs of the father i.e two brothers, four sisters and the mother.

3. If need more clarification then opt to have verbal telephonic post paid private legal consultation with lawyer.

Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M): 0-9824047971.

K.P. Asole (Querist) 02 June 2014
1. So there wont be any share of mother in brother 1's property? He didnt made a will and the property was occupied from father.

2. There wont be any share of the deceased brother's widow in brother 2's property?

Kumar Doab (Expert) 02 June 2014
You have not shared the personal faith of the deceased i.e Hindu, Muslim, Christian…………………..

It is believed that the deceased were Hindu and property was properly partitioned…………………

ClassI Legal Heir of Deceased Brother 1 : Mother, Spouse, Daughter shall share the estate equally.

ClassI Legal Heir of Deceased Brother 2: Mother shall acquire the estate.

K.P. Asole (Querist) 02 June 2014
Yes the deceased were hindu.
We were total 4 brothers, 4 sisters and 1 mother, from which 2 brothers were deceased.

Both above respected personal have provided different views in accordance with my query.

I'm more confused now.

Lawyer SALEEMA KABEER (Expert) 02 June 2014

As per section 8 of the Hindu Succession Act, it is very clear that the property of deceased 1st brother will devolve to his widow, daughter and mother equally.

As for as the second deceased brother is concerned the mother alone will get the entire share.

T. Kalaiselvan, Advocate (Expert) 04 June 2014
While I respectfully and partly disagree with the views and opinions of expert Mr.Rohit Sharma on the subject issue, I fully agree with the opinion of expert Ms. Saleema Kabeer. The legal heirs of first deceased brother are his children, wife and mother who will be entitled to a share equally in the property. As far as the second deceased brother, his mother will be the only Class I legal heir to succeed his intestate property, the others are class II legal heirs who will come into picture only n the absence of any class I legal heir.