Who is eligible to get the property of the deceased
2 years ago
3 Sisters and one Brother. The youngest age is above 55. Brother has 2 daughters. Elder sis died long time bk. She has two sons. Of the two sisters remaining, one sis died recently. The younger sis is married but don't hv kids. The problem now is the sister who died recently has some properties in her name. She hasn't made any will or she has not made anyone a nominee. Now who is eligible to get her properties ??
A.Dear Client,
As per the facts mentioned, if the sister dies intestate then according to section 15 of the hindu succession act :
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
As per the facts mentioned, if the sister dies intestate then according to section 15 of the hindu succession act :
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
Helpful
Helpful
Share
A.Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Elder sister is predeceased so her two sons will not be considered as legal heirs of that sister who died subsequently surviving brother and/ or sister. It has not been specified whether the sister who is died recently was married or not. Until and unless the relevant fact is shared, proper legal opinion cannot be given.
Helpful
Helpful
Share
Read Related Answers
Land purchase from Scheduled caste belonging person
Dear Sir,
Please take opinion from local senior civil Advocate and see that whether there was any clog period within which such land was not supposed to sell.
Land purchase from Scheduled caste belonging person
Dear Client
Here are your answers.
1. Yes you can and you should lodge police complaint against that person and bring him to the books. Before you can lodge a police complaint you can send a legal not...
RTI
Dear Client,
In India, the Right to Information (RTI) Act allows citizens to request information from government authorities or public bodies. However, obtaining information about the owner of a spe...
capital gain and property valuation
Dear Client,
In your situation, determining the valuation of the property for sale can be complex due to various factors, such as the historical construction of the property, its transformation into...
Regularization
Dear sir,
You may contact local advocate who is well known with local laws especially the building laws of your area to solve your problem.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
