Paul 20 April 2016

Legal heirs

Sir,

My brother-in-law died leaving his estate to his wife. Then his wife died with no will. They do not have any children.

My brother -in-law has two brothers as legal heirs and my sister has two brothers as legal heirs. How will the estate be divided.

Thanks

Paul

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5 Replies

srilawacademybangalore 20 April 2016

As per persional law, u should which religion belongs as such estate shall be divided as per Indian succesion act

Kumar Doab (FIN) 20 April 2016

The inheritance/succession shall be as per personal law applicable to deceased owner.......e.g. Hindu Succession laws.

JustAdvisor (IT) 21 April 2016

Hello Paul, are all parties involved Christians? Indian nationals domiciled in India? is entire estate (movable and immovable) in India? Did your brother-in-law leave a will in favour of his wife? try to answer these questions and engage an able counsel who will take this further.

Paul 21 April 2016

Hi, All parties are Hindus and entire estate is in India. All are Indians. There is no will. He died first and then his wife. How will the personal law be applied? Will the family arrangement help or the letter of succession? Will the estate be divided equally among 4 heirs? 2 each from both sides!! Thanks for the help.

JustAdvisor (IT) 23 April 2016

read section 15 (2)(b) in conjunction with schedule (Class II - II - 3) of the Hindu succession act. I understand pure reading of the bare act may not be in your interests. engage an able counsel who will do further research to find a way out.