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BASISTHA SEN (Retired)     10 July 2024

Claim to submit as legal heirs

Respected Sir,

My eldest sister expired on 07/09/2016 leaving behind 3(three) sons who all are now aged above 50 years.

My next sister (also elder than myself) was an issueless widow and was a sole owner of a compact flat within a residential complex at Kolkata area. She expired on 06/08/2023 leaving behind no legal heir/s at her husband side.

 We, the rest two brothers and a sister have submitted the claim for the legal ownership to the Lt court.

 The question is whether the three sons of our elder sister (as mentioned above) are also the claimants on behalf of their mother as well as our said sister?

We are confused in hearing from our local lawyer that the three sons cannot represent themselves as claimants since the expiry of our elder sister was earlier than the expiry of our next sister.

In this connection, we also heart that the above mentioned rule has become obsolete in recent and now the contested claimants may represent themselves as claimants.

 Please enlighten me about the actual rule in this regard.

 Thanking you,


(BASISTHA SEN)   10/07/2024

Mobile (WhatsApp) – Nine Four three Two Six Seven Zero Three One Four



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2024

Thus, if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband.


Advocate Bhartesh goyal (advocate)     10 July 2024

Legally your elder sister's  three sons are also entitled  to get their share in the property left by your deceased sister.

kavksatyanarayana (subregistrar/supdt.(retired))     10 July 2024

How did the 2nd sister acquire the property?  You and your siblings and your deceased sister's sons claiming the property? Your query is not clear to me.

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