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akil (article)     02 May 2009

succession for property

 Mr. X has property worth crores of rupees. he and his wife lives alone with no child born to them. if mr. x and mr. y dies without making any will.. who will be entitled to take the possession of the property held by him. he has one brother who has one son and one daughter. 



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 3 Replies

Prakash Yedhula (Lawyer)     02 May 2009

Section 8 would make it clear that the properties would go to the brother.

8.        General Rules of succession in the case of males.

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-

 

(a)       (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

 

(b)      (b) Secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

 

(c)      (c)  thirdly, if there is no heir of any of two classes, then upon the agnates of the deceased; and

 

(d) lastly , if there is no agnate, then upon the cognates of the deceased.

 

CLASS I

 

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

I.         Father

II         (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; fathers' sister.

VIII.    Mother's father; mother's mother.

 IX.      Mother's brother, mother's sister.

 

 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     02 May 2009

I agree with Y.Prakash. After the death of x and his wife properties will go to class I & II legal heirs,

akil (article)     02 May 2009

 is it necessary that brother's daughter should be unmarried??

 


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