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VENKAT THIAGARAJAN   24 December 2021

Inheritance

 Hindu male dies of Covid and his Wife expires two days later. There does not seem to be any will left behind by the deceased. The couple do not have children and the property and bank deposits are from their earnings. Husband has two sisters and the wife's sister ( deceased ) has three sons. Who are the legal heirs? Whether it would be the  two sisters of the Husband or the three sons of the wife's sister?



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 2 Replies

Anaita Vas   24 December 2021

In case a person who dies without leaving a will (i.e. he dies intestate), in such cases the assets would be distributed according to the law based on his/her religion.

The succession of Hindu, Jain, Buddhist and Sikh is governed by the Hindu Succession Act.

In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.

In case of absence of the class I heirs like the immediate family (wife, son, daughter etc), the class II heirs will become entitled to the property of the deceased.

The class II heirs consist of many relatives who have been classified into categories and placed in a hierarchy. 

Thus, in this case, their assets would go to the sisters.

 

Regards,

Anaita Vas

Kishor Mehta (CEO)     25 December 2021

Since the husband died, intestate, before his wife, all his properties devolved to his wife. In the event of the wife dying intestate the properties will devolve to the relatives of her husband. 


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