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Subhankar Karmakar (Owner)     28 May 2015

Legal heir

Hello,

Please help me to undestand about legal heir. If circumstances is such where husband, wife and their only son dies then who will be the legal heir without any will?

As explain: Husband as 'A' Wife as 'B' ans their only son as 'C' they all are died.

A's mother alive

B's parents are alive

In this situation who will be legal heir as per indian rules?

 

Regards.



Learning

 6 Replies

saravanan s (legal advisor)     28 May 2015

husbands property will devolve on his mother as she is a class 1 heir.if she has died then it will devolve on his father,siblings and grand children if any

wifes property will devolve on heirs of her husband

Kumar Doab (FIN)     28 May 2015

Who is owner of the property/IN whose name the proerty stands :Father/Mother/Son?

 

The property is self acquired/ancestral?

What is personal faith of deceased owner e.g. Hindu?

 

If owner is mother then the property is self acquired or obatined from her parents or husband?

 

 

 

 

1 Like

Amol Kende (No)     29 May 2015

I think need to check the name of the property document in present situation if it in the name of died father or mother of that son then as per the Saravanan is correct

But if its not then need to reffer the religion and statutory laws as per the status

as Hindu Act, Muslim Act, Parsi Act, Christian Act, and General act are defined different different provisions hence can not suggest any think without knowing the case details
 

Adv k . mahesh (advocate)     30 May 2015

A property will directly go to the surviviors as in your case you explained that if all are died leaving behind A parents then the legal heir will be his parents even if B has a property in her name the property goes to A parents but not to B parents as explained by Mr Sravanan if i am wrong correct me

Kumar Doab (FIN)     30 May 2015

If the querist replies to points raised the further response would be possible.

saravanan s (legal advisor)     30 May 2015

dear adv mahesh i think i too had said the same..wifes (B) property will devolve on heirs of the husband ( A mother)

The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:

  1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
  2. upon the heirs of the husband.
  3. upon the father and mother
  4. upon the heirs of the father, and
  5. upon the heirs of the mother.

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