Who will be legal hiers
2 years ago
My father has died Intestate in last month.
He has step mother who is still alive.
My grandfather remarried after the death of my fathers mother.
My first grandmother has 2 daughters and 2 sons (including my father).
My second grandmother has 2 daughters and 1 son.
My father has wife (my mohter) and 2 sons (including me).
Now who will be legal hires for my fathers self earned (not inherited) flat
and ban account balance.
1. only my mother and we 2 brothers
or
2. my mother and we 2 brothers & my step grandmother
or
3. any others?
RAJARSHI BOSE
Responded 2 years ago
Thanks.
A.Dear Sir,
Section 8 of Hindu Succession Act:
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;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Rate me Five Star*
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
To get the sum kept in your deceased father's bank account ,it is necessary to apply for Succession Certificate,however,if there is any Nominee and if no objection has been raised for disbursement of that sum in favour of that Nominee,such sum of your father's bank account will be given to that Nominee upon filing of your father's death certificate and Nominee's identity proofs before the Banker.
2) and 3)--Not applicable.
Since, the property is self-acquired by your father, only the legal heirs of your father will be entitled for the share. Therefore, only the your siblings, your mother and you yourself can claim the share.
If you like my answer, please rate me.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The legal heirs of your grandfather, i.e. step-mother and her children, the your fathers siblings can only claim the share in the ancestral property. The self acquired property can only be claimed by the legal heirs of your father, i.e. you, your siblings and your mother.
If you like my answer, please rate me.
Tanmoy Chattopadhyay
Responded 2 years ago
Hence option 1 would be the correct alternative.
property issue
Property
Covered garage
Government Land Occupying
Balcony extension
