LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Karthik   28 February 2017

Succession under Hindu law

Facts of the case 1 - Mr. A acquired a piece of land post marriage ( year of marriage : 1965) . The property is registered in his name . Year of acquisition of land : 1993 2- Mr.A and Mrs A do not have any children 3- Mrs A died in June 1997 4- Mr. A died in December 1997 5- Mr A has two siblings . 1 brother & 1 sister. ( Siblings are alive ) 6 - Brother of Mr. A is married ( year of marriage - 1967). He has two children 7 - sister of Mr. A is married (year of marriage : 1963) . She has two children 8 - Mrs A has 4 siblings . 2 brothers & 2 sisters. Neither of them have children . ( Siblings are alive ) Note 1 - State where land is situated : Karnataka Note - 2 - Mr A , Mrs A and all siblings - born in Karnataka Question : 1 -who is the legal heir ? 2-Who will be entitled to the land ? 3- if it will be distributed between more than 1 person , in what proportions will it be done in ?


 10 Replies


(Guest)

Setting question paper? 

Karthik   28 February 2017

No sir. It's an actual situation. Needed a reply . Thanks

Vijay Raj Mahajan (Advocate)     28 February 2017

The legal Heir according to the Hindu Succession Act,1956 in the present case of the land registered in the sole name of Mr. A will be his living siblings (brother and sister) as they only are his class 2 heirs inherit in equal proportion, no class 1 heir of Mr. A alive at the time of his death (his wife only class 1 heir had even died prior to his death).

Karthik   28 February 2017

Thanks a lot sir :)

Karthik   28 February 2017

It must also be mentioned that the land was acquired by Mr A with his own funds. It was NOT an inherited property

Kumar Doab (FIN)     28 February 2017

Fully Agreed with Mr. Vijay Raj Mahajan.

 

 

Kumar Doab (FIN)     28 February 2017

The property is self acquired.

 

Class I heirs take simultaneously to the exclusion of all other heirs.

Here NO ClassI legal heir is present.

Father (ClassII, CategoryI) is also not present.

Heirs in the first entry of 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.

Further all heirs in one category take simultaneously per capita share.

 

So brother and sister shall share equally.

 

 

Kumar Doab (FIN)     28 February 2017

Repeated at:

 

https://www.lawyersclubindia.com/experts/Law-pertaining-to-succession-in-the-case-of-hindus-633336.asp

Kumar Doab (FIN)     28 February 2017

Why to repeat!

Karthik   28 February 2017

Sorry for the causation of repetitions. It was wrongly posted here because - when I posted the message on experts page , it said message posted instead of query posted. Was not sure if I had places it in the correct page. Sorry for inconvenience caused

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register