Ranju (Dy Manager) 29 April 2026

Successors of elder sister property

Dear Sir/Madam,

Recenly my Cousin Elder sister (My Fathers Elder Brother daughter) was expired. She was Doctos and left some property without will. She was married and husband also expired 2 years before. They have no child and she has one own elder sister. I have done cremation as well as rituals of deceased sister. Now who will be successors of deceased sister and shall I apply for successors certificat.

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6 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate ) 29 April 2026

1. Your cousin own elder sister is her legal heir and the property will go to her as per Hindu succession act.

Dr. J C Vashista (Advocate ) 30 April 2026

Presumably your cousin sister professed Hinduism, the intestate property left behind by her shall devolve to her in-laws in succession.

However, you have no right, claim or interest in the property in succession.

Advocate Bhartesh goyal (advocate) 30 April 2026

If questioned properties are self acquired properties of your cousin and she have no class 1 heirs then properties rights shall devolve to her elder sister .you have no right to claim property rights on basis of peforming her cremation.

Dr. J C Vashista (Advocate ) 01 May 2026

Since she (your deceased sister) was married had no child as class 1 heir the intestate property should (shall) devolve upon her class II heir (s) from her in-laws family, which do not include "her sister"

T. Kalaiselvan, Advocate (Advocate) 01 May 2026

According to the Hindu Succession Act, 1956, when a married Hindu woman dies intestate (without a will) leaving no children or husband, her self-acquired property devolves first to her husband's heirs. If there are no heirs of the husband, the property passes to her parents (mother/father), and subsequently, her father's heirs.

For your information

Section 15 in The Hindu Succession Act, 1956

15. General rules of succession in the case of female Hindus.—

(1)The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a)firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b)secondly, upon the heirs of the husband;

(c)thirdly, upon the mother and father;

(d)fourthly, upon the heirs of the father; and

(e)lastly, upon the heirs of the mother.

(2)Notwithstanding anything contained in sub-section (1),—

(a)any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b)any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Now you see what is your position in this regard