Legal heirs
Sajid
(Querist) 19 March 2013
This query is : Resolved
One of friend is going to buy the Christian Property. The House owner is the christian, He is expired. and he has NO Childrens. Now, who is the legal heirs for this property,
1. Wife
2. The Deceased Relatives, like brothers, or their sons,etc.
3. Whether it is must to notify the public in daily news paper etc.
Please let us know whose signature is important in this Sale documents, and what are the precautions to be taken to buy this property.
prabhakar singh
(Expert) 19 March 2013
Sorry !Your query is vague .
only one fact clear that deceased is survived by his widow with no children.
you need to explain "2. The Mans relatives"
as to who are they or how they are relative
of deceased.Mention their number as well as
relation of each one with the deceased.
It is Indian succession Act 1925 that shall govern succession of a christian dying intestate.
Read part V of this Act to ascertain things legally.
Raj Kumar Makkad
(Expert) 19 March 2013
Wife shall inherit the entire property of her deceased husband in the given case.
ajay sethi
(Expert) 19 March 2013
you have not mentioned whether deceased lleft behind a will or not . if he died intestate then will be governed by provisions of indian succession act .if the property is in mumbai ask the wife to obatin letters of adminsitration for said property before purchasing the same
prabhakar singh
(Expert) 19 March 2013
DEAR SAJID !
IT'S TOO BAD TO AMEND THE ORIGINAL POST AFTER CLARIFICATION SOUGHT FROM YOU BY ME!
INSTEAD OF ANSWERING ME YOU AMENDED THE POST IT SELF.
Sajid
(Querist) 20 March 2013
I am very very sorry singh saheb, for the amendment of original post.
This property is Tamil Nadu. The deceased does not left any will.
The Thasildhar has confirmed that the legal heir is Deceased Wife only.
Now, can we buy the property from the widow?
Sankaranarayanan
(Expert) 20 March 2013
yes you can. Because she is the only one legal heirs of the property
prabhakar singh
(Expert) 20 March 2013
Unfortunately i do not agree with what The Thasildhar has confirmed or any one else who
would lineup behind the Thasildhar.
I asked you to detail who other relatives besides widow have survived but you have adopted a short cut by amending your original post telling"2. The Deceased Relatives, like brothers, or their sons,etc."
It's a very evasive and casual way to answer and can put a buyer in causality.
Any way i am trying to tell you all about it:
1.When an intestate christian deceased having left no lineal descendant ,is survived by his widow and kindred only,the WIDOW GETS 1/2 and rest 1/2 goes to his kindred is the rule laid in section 33(b) of Indian succession Act 1925.
2.About 1/2 KINDRED rule is that in absence of children,father and mother of the deceased this 1/2 is distributed among BROTHERS , SISTERS,AND CHILDREN OF A PREDECEASED BROTHER OR SISTER is the law laid in section 47 of the Indian succession Act 1925.
3. In case there deceased father was living
he could have got all this half excluding every kindred is the law laid in section 42 of the Indian succession Act 1925..
4.In case there was no father but only mother,brother and sister left with no child from any predeceased brother or sister then these 3 mother,brother and sister gets in equal of that 1/2 is the law laid in section 43 of the Indian succession Act 1925.
HENCE IN MY UNDERSTANDING WHEN YOU SAY "2. The Deceased Relatives, like brothers, or their sons,etc."
THE SHARE OF WIDOW WOULD BE ONLY 1/2 AS LAID IN SECTION 33(b)of the Indian succession Act 1925.
THE REST 1/2 IN ABSENCE OF PRESENCE OF FATHER AND MOTHER,SHALL GO TO BROTHERS,SISTERS,AND TO CHILDREN OF PREDECEASED BROTHERS OR SISTERS AS THE CASE MAY BE,AS LAID IN SECTION 47 of the Indian succession Act 1925.
