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Fayaz Ahamed   27 January 2022

Late mother in law name in legal heir.

Hello everyone.
My father died on August 2021.
We have applied legal heir by putting my mother as a applicant.
Revenue inspector from taluk came for enquiry and he insists to add my grandmother name (mother in law of mom and mother of the deceased) as a one of legal heir.
But my grandmother died on 2020 (year before my fathers death).
When i explain this to the revenue inspector.
He is saying that" govt will mention your grandmother name and in the age coloumn it will come as deceased person".

My question 1?
Do we still need to add mother in law name in the legal heir even if she died earlier than her son?

2nd question?
If we include her name in the legal heir, is it possible for her other sons (brothers of my father) to claim rights on my fathers property?.


 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 January 2022

for question no.1.yes. You have to mention her name

for question no.2 Yes. They also have rights over the properties

Aryan Raj   27 January 2022

In response to your query,

When a person dies, his or her assets are dispersed among the people named in the will. However, if a person dies intestate (without leaving a will), his or her possessions will be allocated according to the law based on his or her faith.

According to the Hindu Succession Act the legal heirs are divided into two different classes- Class I and Class II.

Class I relatives include mostly blood relatives such as Father, Mother, Wife/Son, Grandchildren, Grandparents etc. The other relatives are classified under Class II heirs who are usually entitled to the property only after the Class I heirs are found to be absent or somehow cannot claim the property.

So in this case the Mother in law will be considered as a Class II heir and yes her name has to be mentioned in the list even if she is no more in this world.

And the brother's names will also be in the list they have the right over the property as well.

Regards,

Aryan Raj 

Megha   28 January 2022

Hi, 

Could you please elaborate on point 2.  Thank you.

Aryan Raj   28 January 2022

Yes Megha,

Actually i would like to make correction to that statement, The deceased father's brothers will be unable to claim any rights to the property. When a class 1 heir is present, only that heir receives property, not class 2 heirs (brothers). And, because the grandmother died before her son (the questioner's father), the property she owned had already been divided, leaving the father as the only owner of the land that would now pass to the class 1 heirs.

Regards,

Aryan Raj


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