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Pushkar (DR)     28 November 2011

Status of property with no will

What is the procedure if someone dies without a will leaving behind some immovable and movable property . We are 5 brothers and 2 sisters who are the legal heirs of my father who died intestate. Only 3 brothers have my father's details of deposits and they are refusing to divulge. Also my father owned some immovable property. What is the best way to go about it. I mean is there a way through court to go ahead and partition the property. How about the movable asset of which only 3 brothers know about and refuse to divulge. They work in bank and we don't know which bank were the deposits in. They may also completely deny in court that they know anything about it.



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 6 Replies

Advocate Vishnu (Advocate)     28 November 2011

What is your religion... succession laws are dependent on your religion and the nature of the property( Self acquired , inherited,  and partition)

Pushkar (DR)     28 November 2011

Hindu. Property was inherited by father

ABHIJEET PARIKH (Bcom LLB MBA)     28 November 2011

Dear Pushkar following is reply to ur question

 

If a Hindu male dies without making a will
In such a case the property would pass as per the Hindu Succession Act. The property of an intestate Hindu male devolves on the following heirs in the below mentioned order:
  1. Class I heirs
  2. If there is no Class I heir, then upon his Class II heirs
  3. If there is no Class II heir, then upon his Agnates
  4. If there is no Agnate, then upon his Cognates.

Following are Class I heirs :

  1. Son
  2. Daughter
  3. Widow
  4. Mother
  5. Son / daughter of a predeceased son / daughter ( Grandchildren when son / daughter is not alive )
  6. Widow of a predeceased son ( Daughter in law when son is not alive )
  7. Son / daughter / widow of a predeceased son of a predeceased son ( son / daughter / widow of grandchildren when grandchildren is not alive )

The above class I heirs take the property simultaneously and in priority succession to all other heirs.Amongst themselves the distribution is equal. Following points needs to be understood

  1. The widow of the deceased and if there are more than one such widow, then all of them taken together, take one share.
  2. Mother will be entitled to one share even if the son is adopted or is illegitimate.
  3. The children, mother and widow of the deceased take one equal share. It does not matter whether the daughter is unmarried or married.
  4. The grandchildren & widow will take one share between them if son / daughter is not alive and the distribution between them will be equal. Further the branch of grandchildren also gets the same portion when granchildren are not alive.
  5. Father is not considered as Class I heir.

Note : Son and Daughter include both which are natural and those which are adopted.

Following are Class II heirs :

  1. Father
  2. Son's daughter's children; Brothers; Sisters
  3. Daughter's grandchildren
  4. Children of siblings
  5. Father's parents
  6. Father's widow (step-mother), Brother's widow
  7. Father's siblings
  8. Mother's parents
  9. Mother's siblings

The succession takes place in the above order. Eg: If father is surviving, he takes all the property in exclusion to all other Class II heirs. All the heirs specified in one entry get an equal share in the property.

Agnates

Two people are called agnates of each other if they are related wholly through males. Agnates could be males or females. Eg: Father's brother's daughter or son is an agnate.

Cognates

Two people are called Cognates of each other if they are related but not wholly through males. Cognates could be males or females. Eg: Father's sister's daughter or son is a cognate.

Advocate Vishnu (Advocate)     28 November 2011

Dear Pushkar,

All the legal heirs are equally entitled to the property .Each of you are legally entitled to 1/8th share in the property.( 5 brothers + 2 sisters + mother).I am not sure , how the details of the bank can be obtained without knowing the exact details.Pl file a partition suit jointly with the all the siblings who are interested in partitioning the property.

kumar t v s (advocate)     28 November 2011

Get a partition deed registered with equal shares to all legal heirs.

 

until you have proof of deposits you are helpless. However the bank will not release the deposits till all the heirs assent. unless a nomination is registered.

R.Ranganathan (Advocate)     18 December 2011

It is in your interest to get the details to enable you to get your share in the properties. No third person can help you get the said particulars.


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