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Succession

(Querist) 03 April 2011 This query is : Resolved 
My paternal uncle (who was a bachelor) passed away leaving behind
me (son of a previously deceased brother),
my cousin sister (daughter of a previously deceased sister, married)and
my paternal aunt (sister, married).
My question is, that who is/are the legal heir/heirs of my deceased uncle ?
Kirti Kar Tripathi (Expert) 04 April 2011
You all are class-II successors. Distribution of property in class-II will governed by Section 10 of the Hindu Succession Act, which is as follows

10. Distribution of property among heirs in class II of the Schedule. 10.Distribution of property among heirs in class I of the Schedule. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.-The intestate's widow, or if there are more widows than one, all the widows
together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased
daughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3--
(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions

By applying the above rules,in the present case, since there is no legal successor in 1,2 and 3 of class-II legal heirs, the property will go to 4 of class -II, legal heir i.e. sister of the deceased.
Rudradeep (Querist) 04 April 2011
Mr. Tripathi,
thank u for your expert opinion.

However, I am in a bit of confusion.
U see, I went through The Hindu Succession Act myself and couldn't help but notice that in this case's perspective, my aunt as well as myself and my cousin sister are Heirs, specified in Class II of the Schedule.
So, the distribution of property in this case should be governed by the Section 11 instead of Section 10 of the said Act, which states that -

11.Distribution of property among heirs in class II of the Schedule. The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they, share equally.

So, i think both my cousin sister and I should share the property equally with my aunt.
R.Ramachandran (Expert) 04 April 2011
All the persons stated by you are Class-II heirs of the deceased uncle.
Therefore, in terms of Section 11 of the HSA, 1956, all the class-II heirs, irrespective of the entry in which they find themselves, will be entitled for equal share in the property in question.
Kirti Kar Tripathi (Expert) 04 April 2011
order of Class II of legal heirs is as under

1. Father

2. (1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter , (3) daughter’s
daughter’s son, (4) daughter’s daughter’s daughter.

IV. (1) Brother’s son (2) Sister’s son, (3) brother’s daughter (4) Sister’s daughter.

V. Father’s father. Father’s mother.

VI. Father’s widow, brother’s widow.

VII Father’s brother, father’s sister.

VIII Mother’s father, mother’s sister.

IX Mother’s brother, mother’s sister.

Explanation.- In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

In the present case there exists no legal heirs upto I,II and III category your aunt comes in IV category, thus entire property will go her and you are in V category, your right would have arised only when there would not be any legal heirs in I,II,III and IV categories.
Kirti Kar Tripathi (Expert) 04 April 2011
sorry, the position would be restrict only upto II category and you are in IIIrd category, Since your Aunt right will arise before you, she will be entitled and you all will be ousted.
R.Ramachandran (Expert) 04 April 2011
Dear Mr. Kirti,
Unlike in the case of Section 10 of the HSA, Sec. 11 of HSA provides that the property of an intestate shall be divided between the heirs specified IN ANY ONE ENTRY in class-II of the Schedule, so that they share equally.
Thus, so long as the persons fall under any one category in Class-II, all will get equal share. Therefore, the question of any one who falls under Class-II getting ousted due to any order of precedence does not arise.


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