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Neeraj Kaushal (Advocate )     03 February 2021

succession class II

when one brother and sister is alive even then property can be inherited by legal heirs of Deceased brother and sister as per class II succession act or property will only goes to alive brother and sister


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 2 Replies

Nandini Warrier   04 February 2021

Good evening,

We can help you better if you specify the context of your query. 

Under the Hindu Succession Act 1956, the heirs of a male member of the family are divided into four (4) categories, or classes, namely: Class I, Class II, Agnates and Cognates. Heir in general refers to any person that is next in line to inherit a property of a person that has passed away intestate, or without a will. 

Class I heirs of the male consist of-

  • Sons
  • Daughters
  • Widow
  • Mother
  • Son of a pre-deceased son
  • Daughter of a pre-deceased son
  • Son of a pre-deceased daughter
  • Daughter of a pre-deceased daughter
  • Widow of a pre-deceased son
  • And sons and daughters of pre deceased sons and daughters of pre deceased sons and daughters. 

Class II heirs consist of-

  • Father
  • Sons daughter’s son
  • Sons daughter’s daughter
  • Brother
  • Sister
  • Childrens of sons and daughters of the man
  • Grandchildren of the man
  • Sons and daughters of the man's brothers and sisters
  • The man's grandparents
  • And relatives.

The first preference for inheritance goes to class I heirs. If class I heirs are not present, then the property goes to class II heirs. And if even class II heirs are not present, then it goes to Agnates ( agnates are people who are related to the intestate man through male lineage only), and if all the above three are not present, then the property goes to cognates (cognates refer to men related to the intestate man through female lineage)

Therefore, legal heirs such as a son and daughter, and the widow of an intestate man have the first claims to the property.

We can always help you better if you can be more specific with the concerns of your query.

 hope this helps!

Regards,

Nandini

Neeraj Kaushal (Advocate )     04 February 2021

deceased have one brother and one sister ,sister has been expired having one son now whether property can be inherited by her son of his deceased maternal uncle when one brother is alive

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