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Anant (None)     31 May 2013

Property heir of childless uncle left no will for his share

My grandfather, who owned property, died without leaving his will. He had 4 sons, who also died without leaving a will.

First son is survived by 2 sons and 3 daughters.

Second son by 1 wife, 1 son and 1 daughter

Third son by 3 sons and 1 daughter

Fourth son was not married and has no direct descendants.

 

How will the share of the 4th son be divided?

1) Will his part be treated as a part of the whole, so that the whole property is divided into 3 parts and subsequently into respective successors?

2) His share will be divided equally into 11 parts i.e. the 6 sons and 5 daughters of his brothers?

3) Any other option?

Please advice.



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 May 2013

The property shall be divided into 3 parts. The share of the 4th brother will not be taken into account. The 3 shares of the 3 brothers then, will be divided equally in between their respective heirs.
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Anant (None)     01 June 2013

I thought that property left intestate, with no direct heirs (children/spouse), is divided to Class II heirs.

As per information found elsewhere, including

https://www.legalservicesindia.com/article/article/succession-to-the-property-of-a-hindu-male-1002-1.html

 

Does this not apply to property inherited from father (and not divided prior to death)? Please resolve my confusion.

 

Thank you.

 

The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.

Class II heirs and their shares:
If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:

1] Category I -
a) Father.

2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.

3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.

4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.

5] Category V -
a) Father’s father.
b) Father’s mother.

6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.

7] Category VII -
a) Father’s brother.
b) Father’s sister.

8] Category VIII -
a) Mother’s father.
b) Mother’s mother.

9] Category IX –
a) Mother’s brother.
b) Mother’s sister.

Adv k . mahesh (advocate)     01 June 2013

If no legal heir is there then it will be distributed to the near blodd related person in your case it is it is calss IV equally between brothers sons and daughter if already the property is divided to 4th brother if not then 3 share will be divided among all of you fathers and 2  brothers


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