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Siddique (OWNER)     10 December 2015

Married nieces inherit any share from aunt's property ?

Spinster Sister (Late), who died intestate, has a CHS flat in her name in Mumbai. A brother (Late) of hers has two settled, married daughters.

 

*** Query : ***

Do the married daughters legally inherit any share from the said CHS flat if the same is proposed to be sold-off, even though their father has already expired ?

 

PS : The said family is a Muslim family. Will the Muslim Personal Law applicable in this case or not ?



 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 December 2015

If a person dies intestate (without a will), without a spouse, parents, legitimate or illegitimate children, then the collateral relatives like brothers and sisters, nephews and nieces will inherit.Right of representation: Nephews and nieces already alive when the aunt or uncle died can inherit by representing their predeceased parents.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 December 2015

ACCORDING TO SHARIAT LAW:

Ten groups amongst Male Heirs are entitled as follows:

  1. son;
  2. son’s son
  3. father;
  4. father’s father;
  5. brother;*

– half brother*

– step brother*

Seven groups amongst Female Heirs are entitled as follows:

  1. daughter
  2. son’s daughter;
  3. mother;
  4. grandmother;
  1. sister;
  2. wife
  3. freed slave – girl

 

If none of the seventeen groups of people mentioned above is alive his wealth wil be distributed among his Arham, i.e., non- inheriting relations.

Eleven groups of Heirs come under the class of Arham:

  1. children of daughter;
  2. children of sister;
  3. brother’s daughter;
  4. daughter of father’s younger or elder brother;
  5. father’s step brother;
  6. maternal uncle;
  1. brother’s son;

half brother’s son;

  1. father’s brother;

father’s half – brother;

  1. son of father’s brother;

son of father’s half – brother;

  1. husband
  2. The freed male slave.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     19 December 2015

The detailed flow chart given by expert learned senior counsel clearly illustrates the rights of the surviving heirs of the deceased.  


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