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sujit naha   03 May 2021

Distribution of died bachelor brother's assets

Family Introduction: ---  1) Elder Brother - Bachelor >>> Status : Died

                                       2) Younger Brother >>> Status : Alive and Married

                                       3) Younger Sister >>> Status : Alive and Married 

Incidents : Bachelor Elder Brother is Died and he did not make  any WILL .But  he  did Nominee in banking procedure

                 in favour of  younger Brother's Wife

Question :  1) Married Younger Sister Can Claim on Died Bachelor Elder Brother's Assets or Money ????

Question: 2) If yes , what is distribution Ratio ??

please reply



 9 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 May 2021

1.  IF deceased had not executed anyWILL documents, THEN without any exceptions, "ALL" his residual Class-I & then Class-II Legal Heirs, shall be entitled  to claim EQUAL share ratio of ALL properties of deceased person, irrespective of the Nomination of selected properties.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Dr J C Vashista (Advocate)     03 May 2021

The deceased and his family professed Hinduism, Muslim, Christian or which faith ?

The property left by the deceased shall devolve upon his LRs as per personal law applicable in this case.

1 Like

G.L.N. Prasad (Retired employee.)     03 May 2021

It is reported in the query of one Bank deposit alone.  Bank has to settle the nomination in favor of the nominee, and those who are not willing must go to the court and restrain either the bank or nominee in using his amount for herself.

1 Like

Sankaranarayanan (Advocate)     03 May 2021

Nominee is nothing but trustee so all legal heirs are entitled the share .All comes under only second class legalheirs therefore, obtain  succession certificate from the court is advisable

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 May 2021

The Deceased Person died intestate while he gave nomination favouring his Brother's Wife.  Now the nominee to receive all the assets/proceeds in her capacity as Trustee and distribute the same as per the personal law applicable to their religion including the married Sister.

1 Like

T. Kalaiselvan, Advocate (Advocate)     03 May 2021

As rightly observed by expert lawyers in this thread, the Nominee to a bank account is just a trustee to receive the amount on behalf of the legal heirs/successors in interest and distribute the same equally among all the successors.

If the mother of deceased is not alive  and presuming the deceased belonged to Hindu religion, the properties left behind by him upon his intestate death shall devolve upon his class II legal heirs.

The list of class II legal heirs is given below:

If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:

1] Category I -
a) Father.

2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.

3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.

4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.

5] Category V -
a) Father’s father.
b) Father’s mother.

6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.

7] Category VII -
a) Father’s brother.
b) Father’s sister.

8] Category VIII -
a) Mother’s father.
b) Mother’s mother.

9] Category IX –
a) Mother’s brother.
b) Mother’s sister.

The rule of share in Class-II heirs is that each will take per capita including widow.


The revenue department will not issue legal heirship certificate for class II legal heirs, hence you may either have to approach court with a petition for nonsuccessive certificate or to declare the class II Legal heirs as per the affidavit to be submitted before court in this regard. 


SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 May 2021

What is the value of the estate of the Deceased?  

When Nomination is available, better to take the assets as per nomination and in the presence of family elders to distribute duly reducing entire matter into writing duly signed by all legal heirs and get the same Notarised for posterity, in case anybody again rakes up the issue.  However, all this is only if the estate of the deceased is of great value say in crores.  

M V Gupta (Advocate)     03 May 2021

younger sister can claim equal share along with the younger brother in all the assets including bank deposits of the deceased brother who is said to have died bachelor and intestate.

Dr J C Vashista (Advocate)     04 May 2021

The experts have opined on the basis of presumption that the deceased was a Hindu, which may not be the case.

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