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Vilas Shinde   14 February 2022

legal heirs of unmarried female.

Who are the legal heirs of the unmarried female when, her two sisters & wife of her brother are alive? Her parents are no more. & which document is required to prove the same. Who can issue the legal heir certificate?


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 6 Replies

G.L.N. Prasad (Retired employee.)     14 February 2022

Two brothers and sisters (Siblings) if she expired intestate and belongs to Hindu religion..  The brother's share should go to his wife.  You can obtain Legal heir certificate from the Tehsildar office by submitting an affidavit with the original death certificate.  The Revenue inspector makes inquiries and provides the certificate within 15 days from the date of application.

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SHIRISH PAWAR, 7738990900 (Advocate)     14 February 2022

Hello,

Yes, legal heirs for unmarried daughter will be her brother and sister. In the absence of brother her wife can claim brother's share. You have to apply to court for getting legal heirship certificate. 

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Dr J C Vashista (Advocate)     15 February 2022

Brother and sister of deceased shall succeed the estate left behind.

P. Venu (Advocate)     15 February 2022

Succession by inheritance depends upon the provisions of the  personal law, as applicable.

In the instant case, if a Hindu, the inheritance would be governed by the provisions of Section 15 and 16 of the Hindu Succession Act -

15. General rules of succession in the case of female Hindus.―

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,―

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

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16. Order of succession and manner of distribution among heirs of a female Hindu.―

The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place according to the following rules, namely:―

Rule 1.―Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.

Rule 2.―If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3.―The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as  the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

Based on the above provisions, the property left intestate shall devolve upon the heirs of the father.  As reards to the heirs of father, provisions of Section 8 shall apply -

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

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The following are the relatives specified in Class I

HEIRS IN CLASS I AND CLASS II

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; son of a predeceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son.

As such, not only the sisters and widow of the deceased brother, the children, if any, of the said brother are legal heirs to the deceased.

1 Like

Dr J C Vashista (Advocate)     16 February 2022

Very well explained and advised by expert Mr. P Venu, I agree.

Hope your concept qua inheritance of unmarried female is clear.

Mudassir Ashrafi latifuzzaman   29 September 2022

Any citation plz 9n this query 


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