Who will be the next successor of the property Who will be the next successor of the property

2 years ago

We are 2 brothers and 4 sisters. All are married. I am the younger brother. Elder brother and his wife expired recently. They don't have any son/daughter. Even my parents expired long back. They have a flat , so who should be the legal heir to that property. Will the property be distributed ?

Anik

Responded 2 years ago

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A.Hi,
As per the Hindu Succession Act, the property of your brother who died interstate would be distributed amongst all the siblings, ie. 1 surviving brother and two sisters.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The distribution of property will depend on a number of factors including the statute which you are involved in, and the nature of the property as well. You should visit a lawyer and then create a family tree to understand the legal heirs to the property.
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Kishan Dutt Kalaskar

Responded 2 years ago

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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.


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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes after the demise of your brother and his wife and since they do not have any legal heir their property, flat here, should be distributed equally among all of you. Since a flat can not be divided so you can sell the flat and distribute the share among yourselves.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.As your parents are dead, therefore the Flat of your deceased brother in absence of any Will,devolved upon you and your four sisters each having undivided one-fifth share in that Flat and by obtaining Legal Heir Certificate, these five heir and heiresses have to mutate their names in the Record of Rights as the Owners of that Flat in the place and stead of deceased brother.
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