Who are the legal heirs?

Other 2 brothers will be legal heirs of the deceased brother.

Other 2 brothers will be legal heirs of the deceased brother if he was unmarried and if he was married his wife will be legal heir.

The wife of the deeased is the legal heir of her husband .

Agreed with Shirish Pawar/

What to do if there are no children to the wife and wife too has died?Then who will be the legal heir?

 

 

 

 

 

 

 

UNDER THE HINDU SUCCESSION ACT 1956, WIFE BECOMES THE CLASS I HEIR.   IF WIFE ALSO DIED THEN BROTHERS  WHO COME UNDER CLASS II HEIRS WILL BE THE LEGAL HEIRS.

everybody have to died the two brother also died then who will be their legal heir their wife son daughter one day they will also died then............... ? She the wife of deceased has all rights over her husbands property she can give her property to any body whom she like, It is totally her choice she can gift It or make her will in favour of his own decision .

 You have posted that: “What to do if there are no children to the wife and wife too has died?Then who will be the legal heir?They died without leaving any will or nothing”

 

If the deceased was Hindu, the remaining relationship amongst ClassI relationship is ‘Mother’ of the deceased brother.The first right on wealth is of Class I heirs.

 

If mother has also pre deceased (the deceased brother who died without leaving any will) the ClassII relations shall come into picture.

 

Only if there is no one available in Class I, then relations under Class II can claim their rights. The class II relations are:

• Father
• Brother/Sister
• Son’s daughter’s son/daughter,
• Daughter’s son’s son/daughter
• Daughter’s daughter’s son/daughter
• Sibling son/daughter
• Father’s Parents
• Brother’s widow
• Father’s sibling
• Mother’s parents
• Mother’s sibling

Therefore brothers (along with others if any) can claim their right.

 

 

Other thread of the querist is at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=93613&offset=1#.UqXmp9IW1MA

The agricultural land is governed by the Revenue Laws and personal laws are not applicable in the matter, therefore, the provisions of Hindu Succession Act would not apply in the matter.

On the death  of the land holder, his brothers would be the persons who would inherit the said lands. 

The agricultural land is governed by the Revenue Laws and personal laws are not applicable in the matter, therefore, the provisions of Hindu Succession Act would not apply in the matter.

On the death  of the land holder, his brothers would be the persons who would inherit the said lands. 

The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II.

If there are no heirs in Class II, the property will be given to the deceased’s agnates or relatives through male lineage. If there are no agnates or relatives through the male’s lineage, then the property is given to the cognates, or any relative through the lineage of males or females. There are two classes of heirs that are delineated by the Act.

Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son. In the given facts of the case, the legal heirs of the 3 acres of land would be the widow of the deceased. In case, she is also not present, the property would devolve on the Class II heirs.

The Class II includes, among others, the brothers of the person dying intestate.

 

Therefore, the property of the deceased would belong to the widow, and in her absence would be divided among the two brothers.

 

–Regards

Advocate Pooja

www.lawkonect.com

You have not mentioned about the mother of the deceased.  I presume that she is alive then she shall be exclusive owner of the property left by her deceased son otherwise the brothers of the deceased shall be entitled to inherit it.

Sir,

Question1: Does a Husband gets the right in the Wife's ancestral property.Assume no children for this couple and the wife dead leaving no will without any property.

Question2: Does adopted son will have rights in the ancestral property.

Regards