Vikas Dharmendra (Consultant) 21 August 2016

Hindu succession act in up

Respectable Friends,

There is a special scenario with regards to Succession..

A Window Lady has 3 daugthers and 1 son. All Daughters are maried ( and have childresns) and son is still unmarried.

Son have one uncle ( his father's brother) and cousin Brother (uncle's son). Ancestral Property was already partitioned between his uncle and his father. and he has all his deceased fathers ancestral property in his name.

Now how the succession will go if he dies without will. Who will be the first level of legal heirs(Inheritors).

is there any special case in UP.

Thanks

Vikas Kumar

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3 Replies

Kumar Doab (FIN) 21 August 2016

How are you related with this matter?

saravanan s (legal advisor) 21 August 2016

Since the ancestral property has been partitioned if it has lost it status of ancestral property and is now considered to be self acquired property of your father.if he dies intestate all this class 1 legal heirs ie mother wife and children will get equal share

Padmanabhan (Retired) 22 August 2016

Partition having taken place of ancestral property, the property came to your father as his share became his self acquired property and if he dies without leaving a Will, his legal heirs including his married daughter will get equal share in the property. If he leaves a Will in favour of any person, other than his legal heirs or only in favour of any of his legal heirs, that person will get the property in question.