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SAMBHU KUMARAN VISWANATHA (manager)     01 July 2012

Hindu unmarried male intestate

My uncle who is unmarried died without leaving any will.  My father died before him.  My aunty and two other uncles were living at his death. The question is how my deceased uncle"s property divided.  Any amendment has come that only living survivors are eligible for inheritance of the property or others who died earlier to my uncles death also eligible.  Would appreciate a clarification.



 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     02 July 2012

If your grandmother is alive, then the property shall entirely go to her. If not, the property shall be equally divided between all the brothers and sisters of your uncle. The siblings who are not alive, there share shall go to their children.

SAMBHU KUMARAN VISWANATHA (manager)     02 July 2012

Thank you Mam, nobody is alive now except two uncles, rest all died, but all uncles and aunts have their own children.  One advocate had told me that since my father died before my uncles death, we are not eligible, however those living uncles and aunts and their children at the time of my uncles death are eligible because they are survivors.  There is supreme court verdict to this effect it seems.

SAMBHU KUMARAN VISWANATHA (manager)     02 July 2012

Thank you Mam, nobody is alive now except two uncles, rest all died, but all uncles and aunts have their own children.  One advocate had told me that since my father died before my uncles death, we are not eligible, however those living uncles and aunts and their children at the time of my uncles death are eligible because they are survivors.  There is supreme court verdict to this effect it seems.

SAMBHU KUMARAN VISWANATHA (manager)     02 July 2012

Thank you Mam, nobody is alive now except two uncles, rest all died, but all uncles and aunts have their own children.  One advocate had told me that since my father died before my uncles death, we are not eligible, however those living uncles and aunts and their children at the time of my uncles death are eligible because they are survivors.  There is supreme court verdict to this effect it seems.

SAMBHU KUMARAN VISWANATHA (manager)     02 July 2012

Thank you Mam, nobody is alive now except two uncles, rest all died, but all uncles and aunts have their own children.  One advocate had told me that since my father died before my uncles death, we are not eligible, however those living uncles and aunts and their children at the time of my uncles death are eligible because they are survivors.  There is supreme court verdict to this effect it seems.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 July 2012

If those who are now dead, were alive they would have got their share. If they have predeceased their respective shares, if alive, will be equally divided among their respective children.

SAMBHU KUMARAN VISWANATHA (manager)     03 July 2012

Suppose Ajay died unmarried intestate died. He has Vinod (living), Parvathy(died) & Vasu(died), but his children living.  Now that all fall under Class 2 heirs to Ajay"s property. 

Vasu"s children fall in fourth entry in Class 2, Vinod and Parvathy fall under 2nd entry, will Vasu"s children will have any disadvantage?

How the property will divided?  


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