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Abhilash (document writer)     23 November 2010

legal heirs

sir

my friends wife is death without children, who is the my deseased wife,s legal heirs 



Learning

 10 Replies


(Guest)

 her husband

AEJAZ AHMED (Legal Consultant/Lawyer)     23 November 2010

 

 

In addition to the reply of Mr. Ganesan, kindly go through the following :

 

HINDU SUCCESSION ACT, 1956

 

15.       General rules of succession in the case of female Hindus

 

(1)     The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:

(a)       firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

                       (b)       secondly, upon the heirs of the husband;

                       (c)       thirdly, upon the mother and father;

                       (d)       fourthly, upon the heirs of the father; and

                       (e)       lastly, upon the heirs of the mother.

           (2)      Notwithstanding anything contained in sub-section (1)-

(a)       any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b)       any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

 

THE SCHEDULE

[Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

 

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

I.         Father

II         (1) Son's daughter's son, (2) son's daughter's daughter,(3)  brother, (4) sister.

III        (1) Daughter's son's son (2) daughter's son's daughter, (3) daughter's daughter's son (4) daughter's daughter's daughter.

IV.       (1) Brother's son (2) sister's son, (3) brother's daughter, (4) sister's daughter.

V.        Father's father; father's mother.

VI.       Father's widow; brother's widow.

VII.     Father's brother; fathers' sister.

VIII.    Mother's father; mother's mother.

 IX.      Mother's brother, mother's sister.

 

Arati Gawde ( Legal )     23 November 2010

In this case husband.


(Guest)

vide authoritative quote Mr.Ahmed sir.

SurenderKumar (Advocate)     26 November 2010

it is enogh to go throug  the view of Mr. Aejaz Ahmed my view is same

P.K.Haridasan (Advocate)     26 November 2010

 

 

Dear 
Abilash

 

Your question is not clear. We presume that you are eager to know about the legal heirs of your friend, who is not   the follower of Marumakkathayam law of  Kerala . 

Atul Bhuchar (LAWYER)     29 November 2010

Normally under section 15 of the Hindu succession act, The property of a hindu female dying intestate and without children, would devolve on her husband. However if the property has devolved upon the female from her father, then in that scenario the property in the case of her intestate death and without children shall devolve upon either her father or the legal heirs of her father.

In case the property has been inherited by her from her husband or father in law, then in that case the legal heirs of her husband or her father in law, would inherit the property.

girishankar (manager)     30 November 2010

hmmm

M.Sheik Mohammed Ali (advocate)     30 November 2010

its enough

Anthony (KM and Co)     18 August 2012

What happen in case the husband dies prior to his wife..


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