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G.Padmanabhan (Advocate)     03 July 2009

Property devolution

One of my client's hindu husband died intestate a year ago, leaving behind his secibd wife and a son. The deceased man married my client after the death of his 1st wife. Through his 1st wife, he has two sons. After the demise of my client's husband, one of his sons through the first marriage died. The deceased man's mother predeceased him, but his father is alive (i.e. my client's father in law is alive).  My client's husband has left  behind a property in Chennai. Would our members enlighten me on the devolution scheme?


 2 Replies

A V Vishal (Advocate)     03 July 2009

Dear Mr Padmanabham

The property of a male Hindu dying intestate shall devolve according to the provisions -

Further the father of the deceased is classified under Class II heir.

(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and

(d) lastly, if there is no agnate, then upon the cognate of the deceased.

Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.

R. Arumuga Perumal. (PRACTISING lawyer)     05 July 2009

Dear Mr Padmanabhan,

If the property left behind by your client's husband the sons through his first and second wives entitled to get 5/16 each and 1/16 goes to the second wife.

the property is self acquired to the deacesed all the children and wife


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