(Querist) 08 July 2009
This query is : Resolved
My younger uncle expired on the month of April 4-09, he had one big brother and elder sister, His elder brother also is no more since expired before 2006 only his elder sister is surviving. My younger uncle didn’t have any kids and lived alone after his wife expired on 1992, mother before 2005 & his father had expired when he was young. The issue is related to 50% share of the property dispute claimed by his Elder brother widow and daughters after his demise, My younger uncle owned two houses plus certain amount of stock shares plus bank balances which .legally should be claimed by the elder sister since because of near blood relationship but it was opposed by the Widow and daughters of big uncle unless 50% is guaranteed otherwise settle in court was the MOTTO. Elder sister even offered a scheme whereby the property will be divided among the the family of her and that of elder brother daughters but was refused stating they need 50% share . Can you pl guide me sir is there any revised act amended to Hindu succession act 1956 amended on 2005 whereby its states that the property share should go 50-50% to young uncles sister & widow of the elder brother who had passed before the younger brother expired .please give your expert advice Regards R_Pvk
As per hindu successsion Act clearly Provides that his brother and his sister considered as class II hiers and they are entitled to have equal rights in that property. Subsequently If brother also demised all decesed property entitled only sister and not the legal heirs of ur uncle brothers and also they dont have any rights to claims that property.