Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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AMIT (-)     20 April 2012

Intestate succession issue

If a Hindu male (say, A) dies intestate leaving behind his wife (say, B), mother (say C)  and a child (say, D),  He also has a married sister (say, E) living.  

As per HSA-1956, intestate's wife, mother and a child,being class 1 heirs. get equal share of intestate  A''s estate

Now, if  C also dies later, what happens of her estate (including her share of A's estate) ? Does C's estate (including A's estate) get divided between B and D or or E  being class 1 heir to C also becomes entiled for her share of C's estate and C's estate is divided amongst B, D, and E?    

Most import point I wish to know is whether A's estate which passed on to C who also dies later intestate gets divided between B and D or amongst   B, D and E.

And, does it matter whether C dies (after A's death) before her 1/3 share of A's immovable estate gets legally in her name? 

Thx in advance



Learning

 1 Replies

Nitish Banka (lawyer)     08 June 2012

 if C dies intestate then property of C will go to E and D equally also share of A which belonged to c.


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