Clarification on hindu heirs


Hi everybody,

I need a small explanation.

Please refer to Hindu Succession Act 1956 ''The schedule (Section 8)''. This is after clause 31.

The class II heirs include brother. My question is if it mean ONLY brothers living at the time of the man? Or it includes brothers even died before the man, in case of succession? (Here the man means whose property is under question of succession, in case of intestate)?

I mean the widow & son of such a dead brother can leagally act as if the dead brother himself?

Thank you all.

 

 
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FIN

Is it the same query:........

 

http://www.lawyersclubindia.com/forum/Succession-of-property-141886.asp

 

 
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FIN

Apparently yes.

Have you consulted a very able counsel specializing in revenue/property/civil matters with all docs on record?

 

 
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Advocate

What, really, is the problem!

 
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The real problem Venu Sir, is definition of this BROTHER word in legal terms. Does it include predeased brother also within this term? (I mean heirs of the predeased brother).

 

 
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Kumar Sir, I do not understand your ''apparently yes''.

Yes to question 1 or question 2? Includes predeased person within this BROTHER word?

I am not from a legal background.

 
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I thank you all.

However, a specialist has answered COMPLETELY seeing all the documents and as per the existing hindu succession act i.e. HINDU SUCCESSION ACT 1956 CLAUSE NO. 9. It states that --

9. Order of succession among heirs in the Schedule
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the  exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

And also there are some modification made by the Supreme court of India in 2005.

Whatever, I think some earlier answers to my question did not follow the existing law of India -- instead replies stated OWN BELIEF OF THE REPLIERS.

And Kumar Sir, Pls do not mind, but there is no APARENTLY in the eyes of law -- either YES or No.

 
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Junior Lawyer

yes it includes the pre-deceased brother also in case there is no heir in the Schedule I.

 
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FIN

Originally posted by : Satya
I thank you all.

However, a specialist has answered COMPLETELY seeing all the documents and as per the existing hindu succession act i.e. HINDU SUCCESSION ACT 1956 CLAUSE NO. 9. It states that --

9. Order of succession among heirs in the Schedule
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the  exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

And also there are some modification made by the Supreme court of India in 2005.

Whatever, I think some earlier answers to my question did not follow the existing law of India -- instead replies stated OWN BELIEF OF THE REPLIERS.

And Kumar Sir, Pls do not mind, but there is no APARENTLY in the eyes of law -- either YES or No.

 

Dear LCI Querist @ Mr. Satya,

I have already mentioned in my 1st post, the link to the other thread initiated by you.

In other thread initiated by you whose link is mentioned in my 1st post, in this thread, I have asked is this thread initiated by you, is same query................

 

You have not responded to it; for reasons best known to you!

 

Ateast I try my level best with limited understanding to respond and even post illustrations, applicable enactments, and citations...

 
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FIN

Dear LCI Querist @ Mr. Satya,

 

You may not like it but it is upto the querist to draft the query in concise and precise manner so as to convey a clear message in shortest possible form.

I have also asked you if you have shown all docs on record to a very able counsel.

Online discussions have its own limitations; for querist and members/experts.

In any case the querist must show all docs on record to a very able local counsel of unshakable repute and integrity specializing in concerned field of law e.g; civil/succession/testamentary matters as in your case and well versed with local/customary rules/laws applicable to the matter........

 

You have done well by showing the docs to a specialist as posted by you.

However you have not posted the clear reply of the specialist approached by you on the point being raked up by you and which Supreme Court of India clarification in 2005,  and ……………..anything else!

 

Did the specialist approached by you mention Act 39 of 2005?

Or did the specialist approached by you mention Supreme Court of India clarification in 2005? If yes what are these clarifications and what exactly these have to do with your query?

 
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