Dipesh J Sanchala 07 September 2017

Query

Who all can be the legal heir/s of the deceased unmarried son. Also the deceased son had jointly purchased a flat with his father. In this particular situation, who shall be entitled to the 50 percent share of the unmarried deceased son ?

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4 Replies

Siddharth Srivastava (Advocate) 07 September 2017

As per Hindu Succession Act if Ist class legal heirs like mother etc. are not avaialble then the property shall devolve to father of deceased being second class class legal heir being first first in class Second and if father is not there then it shold devolve class II (IV) being brother's son or daughter and sister's son or daughter etc. However, as per Indian succession Act the property shall devolve to legal heirs defind in part-I which includes 1. father, mother 2.brother, sister and lineal descendants of them and so on as defined in Part-I and Part-II.

Krishna. Advocate (Advocate) 07 September 2017

Raveena Kataria (Advocate ) 07 September 2017

Sidharth Srivastav has advised you correctly. The property of the deceased son (50% share) will be inherited by his mother, and in case the family consists not of the mother and only of the father, siblings, and so on, then the father shall inherit.