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JAYAKEERTHY   21 July 2015

Legal heir

Hi,

Refer to the genology. The female Hindu (Jain) widow of Jayapal had enjoyed the properties of her husband (Jayapal) by virtue of natural heirship. She also died without leaving a WILL or any settlement deed. Jayapal had no son or daughter or no blood related brother or sister. In other words, he is the only issue for his parents. Also he had only one wife (Rosebai) and theyo had no issues. They have not adopted any one also.

Rosebai ammal is having a blood related own sister by name Saraswathi ammal, who is still alive.

Now the dispute is,between one Mr.Dhanapal whose father is the brother of Jayapal's father, and is not the blood related brother of Jayapal, and Saraswathi ammal.

The question is who is the heir for the properties of Rosebai?

Is it Rosebai's own, blood related sister Saraswathi or her husband's cousin brother?

Please guide me as per the civil law.

Jayakeerthy.

 



Learning

 3 Replies

Subash M R (Advocate)     21 July 2015

Any property inherited by a female Hindu from her husband shall devolve, in the absence of any son or daughter of the deceased not upon the other heirs but upon the heirs of the husband.

Thanking you,

1 Like

JAYAKEERTHY   22 July 2015

Thank you very much Mr.Subash, for your valuable input. The opinion is based as Hindu succession act 1956, under rule set out in section 16(b). 

But the point here is Jayapal (H/O. Rosebai ammal) is having no issues and no other wife.         He is having no blood related brother or sister, means he is the only son for his parent.               Mr.Dhanapal is Jayapal's uncle son (Sithappa son).                                                            Please refer the attached genelogy in my previous message.                                                    In my understanding and in worldly understanding only blood related relations are HEIRS.         If the Law defines differently, kindly come back with the relevant section of law.

For the detailed studies aand spending of your time, kindly let me know the charges.

JAYAKEERTHY.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 July 2015

@Jayakeerthy:  You have been clearly explained by learned friend Mr. Subash about the position of law  applicable to this case, also you have strained to quote the relevant section of the succession law therein.  What else does not convinces you in this regard?  The property inherited by the deceased  intestate was from her husband's side, therefore the referred position of law is perfectly fitting to this case.  You may having different emotional or sentimental explanations for which law has no  answer.

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