Succession
Arpit
(Querist) 08 August 2012
This query is : Resolved
A, a Hindu male died intestate leaving behind his two brothers B1 and B2 and one sister S. After ten minutes of A’s death B1 also died leaving behind his son N. Now B2 and S are claiming 50-50 share in A’s entire property totally excluding N. Note- there is no coparcenary no joint property, all three brothers living separately.
It is understood that as per the Hindu Succession Act, 1956, all three B1, B2 and S will get the property equally. Further N being the son of B1 will also entitled to the share of his father i.e B1's property (1/3 of all property.
Now the question arises that Can N the son of B1 claim the B1’s right to an inheritance in intestate succession proceedings where the B1 died after becoming eligible under applicable intestate laws but before enforcing or claiming his rights thereunder. PLEASE ANSWER WITH SOME CASE LAWS.
Thanks in advance
prabhakar singh
(Expert) 08 August 2012
Soon a death takes place spontaneously the succession also takes place.Since A who died
intestate was survived by two brothers B1 & B2 and sister S ,A's property devolved upon B1 B2 and S equally first and ten minutes after B1 died whose rights devolved upon his son N.
B2 N and S have 1/3 each.The claim of B and S equally is not lawful and without right.
