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Sibsankar Datta (Freelance)     18 June 2015

Claim by class ii legal heirs.

A male Hindu unmarried person dies intestate  and leaves behind, one Brother and 2 sons of his eldest brother (eldest brother is dead)

As iIn this case, as all the members are from class II , I think the surviving Brother will get 50% and his eldest brother's 2 sons will get 50% to divide amongst them equally.

To submit claim against the deceased person's bank account and locker content, whether all three can submit joint claims as legal heirs?

Please let me know whether my contention is right and oblidge.




 3 Replies

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     19 June 2015

yes , you are right 




Dr J C Vashista (Advocate)     20 June 2015

I agree with you.


The living brother becomes class 1 heir and the rest class 2 heirs. All of them including the class 1 heir have to produce valid legal heir certificates for ant claim.

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