Ramesh kumar (na) 07 March 2014
My father died in 2007. We are 3 sisters, myself one brother and my mother. One of my sisters(eldest of the three) expired in 1998 and she is survived by one son, one daughter and her husband. So, is the husband of my eldest sister a legal heir of my father.
Kumar Doab (FIN) 07 March 2014
It is believed that the deceased (your father) was Hindu, the property is self earned by deceased and deceased has not left any WILL, and succession has opened after year 2005 and provisions of THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 shall apply.
As per Hindu Succession Laws: The classes 1 legal heir is:
Spouse (your mother), 1 Brother, 3 sisters and they shall share the property equally amongst them.
The eldest sister thus has acquired share in property from her father, and her 1 son and 1 daughter shall inherit it.
Therefore the brother in law (husband of eldest sister) not being legal heir of your father shall not get any share.
It shall be appropriate to show all the documents and record to a local lawyer dealing in such matters, give inputs in person and proceed further as advised by your lawyer.
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