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sundari (manager)     04 December 2013

Legal heir


I am single unmarried women , and both my parents are no more. I have three younger sisters, two of them married and one other sister is residing with me. I also had one younger brother who is no more now. He has two minor boys and his surviving wife.


I would like to know in my case who is the legal heirs. In the case of self earned property what decisions i can take . and in the case of heredetiary property ancestral one who is the legal heirs.

Can I have a clarifty on this pl . Would like to take certain decisions.


thanks and regards



 3 Replies

Capt Gurvinder Singh (Advocate)     04 December 2013

Dear Ma’am,

As regards ancestral property which is left with the will of your parents you all sister have equal share in this ancestral property, One equal share , equal to one of you sister which was the right of your late brother will be shared by his two sons and his wife, suppose your have property worth Rs 500/- left by your parent then each sister will get rs 100/- worth share, your sister in law and two of your nephews will get the share of your brother i.e. Rs 100/- which can be further subdivided amongst three of  them @ Rs 33.33 per head.

As regards the self earned property can be disposed of by the person who earned it in what ever manner the person may wish.

Capt Gurvinder Singh, Advocate

Mob: 09314142509/ 09999555726

T. Kalaiselvan, Advocate (Advocate)     05 December 2013

Since you are an unmarried Hindu female, as your mother is also no more,you will be survived by Class II legal heirs only.  Your share of ancestral property and self acquired properties can be disposed off in the manner and procedure you desire it to be disposed.  You can dispose your properties either through a Will  or through a registered settlement deed in favor of anyone of your choice.  This will be undisputable.



With regards to the self earned property; this kind of property would be treated as separate property. The woman is entitled to dispose the property by way of will or gift or a registered settlement deed, as she likes it.

Section 14 of the Hindu Succession Act states that, the property of a female Hindu is to be regarded as her absolute property:  (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Accordingly, you are free to dispose off your share of ancestral property and your separate property in the manner as you like.

Section 15 of the Hindu Succession ct provides that when a female Hindu dies intestate, the property shall devolve according to the rules set out under Section 16 of the Act. It states that when a female Hindu dies intestate, and in the absence of a son or daughter, the property would devolve on the heirs of the father of the woman.

Coming to the query related to the legal heirs of the ancestral property, the property of your parents would be equally divided among the 5 siblings (3 sisters, 1 deceased brother and you). Therefore each sibling would get 1/5th of the property belonging to your parents. Also, the share of your brother would be vested with his family (the boys and wife). You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at


Advocate Pooja

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