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Venkush (retired employee)     28 January 2017

Legal heirs

Hello, 

I am a widow with no siblings. My husband left some property which are on my name now. I also have  2 apartments in Another state. My late husband has brothers with children. My sister has children too. My question is who will becom the heirs and who can claim this property after my death if I die without a will?

Thank you, 

venkush



Learning

 5 Replies

Kumar Doab (FIN)     28 January 2017

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN)     28 January 2017

In case of deceased Hindu female:

If the property is self acquired/absolute: It devolves firstly upon husband, sons and daughters.

Secondly upon the heirs of the husband

Thirdly, upon the mother and father

Fourthly, upon the heirs of the father

Lastly, upon the heirs of the mother

 

If the property  is acquired from husband; then in the absence of sons and daughters, the first right is of heirs of husband.

 

If the property  is acquired from parents; then in the absence of sons and daughters, the first right is of heirs of Father.

Kumar Doab (FIN)     28 January 2017

You can dispose the property in your life time by a valid WILL.

Prefer to register the WILL.

 

SHARAD CHANDRA DANEJ (Asstt. Manager)     28 January 2017

Madam,

 A, a female Hindu dies intestate. She had no children of her own and her husband had also expired before her. Her parents had also expired before her death. So now she has no heirs from among those mentioned in entry (a), (b) or (c) of sub-section 1 of section 15. Her property shall now devolve upon the heirs of either her father or her mother as provided in clauses (d) and (e) of sub-section 1 of section 15. The heirs of her father are alive therefore the property shall devolve upon them to the exclusion of the heirs of her mother in accordance with Rule 1 of section 16. And now as per Rule 3 of section 16, A’s property shall devolve upon the heirs of her father as if the property belonged to A’s father and not to A and as if A’s father had also expired intestate. Therefore, A’s brother and sister who are class I heirs of her father shall take A’s property simultaneously in equal shares. If there was no Class I heir of A’s father alive at the time of A’s death, then her property would devolve upon Class II heirs of her father. In case there is no Class II heir available, then the property of A shall devolve upon the agnates of her father and if there are no agnates, upon the cognates of A’s father.

Venkush (retired employee)     29 January 2017

Yes

 


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