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Q. Need clarity about Gold and Cash assets in the name of my late brother

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Prajwal DR

posted 1 year ago

Q.Need clarity about Gold and Cash assets in the name of my late brother
We are 7 brothers and I am the 5th one.
My late mother has got a Will registered (in 2001) for her own cash and gold assets in her eldest son Jagadeesha’s (1st) unmarried and youngest Harinath’s (7th) married sons names.
In 2016, Jagadeesha has died and we are not sure if he has written/ registered any will for the cash and gold that he has got in his name.
Since he was unmarried, what happens to the assets (Cash and Gold) he has got from our mother? Can we (the other 5 bothers except Harinath {7th son}) claim that or if he has written any will for that, how do we get to know about that?

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 1 year ago

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A. ) Yes all you claim late Jagadeesha's property. You all need to apply for and obtain Legal heirship or Succession Certificate first.

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Ambrose Leo

Experience: 9 Year(s)

Responded 1 year ago

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A. ) The asset of Cash & Gold in safe custody will pass as per the Act, as per the will, If any dispute or contest by any of the legal heir as per the outcome of the Court matter, better to consult a property professional Lawyer for quick guidance & help under the Act on all aspects of the legal issue.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
All the class I legal heirs including 7th son entitled to share equally. The law is as follows.
============================================================================================
Class I heir
– Son
– Son of Predeceased son.
– Son of Predeceased son of Prede¬ceased son.
– Widow
– Widow of Predeceased son
– Widow of Predeceased son of Predeceased son
– Mother
– Daughter
– Son of Predeceased Daughter.
– Daughter of Predeceased Daugh¬ter.
– Daughter of Predeceased Son
– Daughter of Predeceased Son of Predeceased Son.
– Son of Predeceased Daughter of Predeceased Daughter.
– Daughter of Predeceased Daughter of Predeceased Daughter
Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.

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