jimmy 12 September 2017
Shailendra Shukla 12 September 2017
Kumar Doab (FIN) 12 September 2017
It is believed that all of you are Hindu.
The said property is self acquired or ancestral?
Confirm!
Kumar Doab (FIN) 12 September 2017
The personal law that applies in this case shall decide the legal heirs.
Assuming that deceased owner was Hindu male and property was self acquired.
In case succession of property of Hindu Male: 1st right is of ClassI legal heirs ie. Mother (if alive as on date of death), Wife (if alive as on date of death, as per your post she was alive), sons and daughters (predeceased and alive as on date of death; as per your post 1 son was alive)……….
Central Government Act
The Hindu Succession Act, 1956;8,9,10
Kumar Doab (FIN) 12 September 2017
The nature of property that devolves by inheritance is self acquired.
In case of succession of property of Hindu woman the nature and source of property matters.
In case the nature of property in the hands of Hindu woman is: -
-Absolute/self acquired-earned; 1st right is of husband (if alive as on date of death), sons and daughters (predeceased and alive as on date of death)……….
-acquired from parents; sons and daughters………………….and if none is present legal heirs of father.
- acquired from husband; sons and daughters………………….and if none is present legal heirs of husband.
Central Government Act
The Hindu Succession Act, 1956;3,4,5,6B,6C,14,15,16
https://indiankanoon.org/doc/685111/
Kumar Doab (FIN) 12 September 2017
Thus the property of your uncle shall devolve equally (50%) upon wife ( your aunt) and son (your cousin)………………….if Mother of your uncle was not alive as on date of death of your uncle and he had no other son/daughter from valid/void/voidable marriage.
The share of wife (your aunt) shall devolve upon her son, since her husband had predeceased and she left only 1 son (child) born from her womb.
Kumar Doab (FIN) 12 September 2017
As per your post the son (your cousin) was unmarried and his mother predeceased him. if he left NO son/daughter from valid/void/voidable marriage, then he left NO ClassI legal heir and ClassII legal heirs shall come into picture.
Since his father predeceased him; there is NOone is present from Schedule1 (from ClassII legal heirs) and legal heirs from other entries amongst ClassII legal heirs shall come into picture. If he left NO son/daughter, brother, sister then NOone is present from ScheduleII (from ClassII legal heirs)………….
Which relatives of son (your cousin) are present/alive as on date of his death or later?
What is exact relation with him (say: from Father’s, Mother’ side)?
jimmy 13 September 2017
Yes we all are hindu..