Succession of my father in law's property and assets
11 months ago
We are a Hindu family. My wife and I got married in 2006 in the UK. She was a British citizen and I hold an Indian passport. I'm living and working in the UK currently. My wife passed away in 2021 due to a chronic disease.
Last year the sole survivor from my wife's family, my father in law passed away too. He had a flat in S. Cruz west in Mumbai and bank savings along with a locker. He has a brother and a sister who are alive. My wife's mother and elder brother had passed away before I had met my wife.
Some banks have me as nominee and some do not. As my father in law has not left a WilI and he does have a surviving brother and sister, I'd like to know what are my options for applying as a inheritor to his property and assets, according to the Indian laws. Is it wise to make a claim?
What is the duration of these decisions in the Indian courts and what are the expense amount I will be looking at?
It may please be noted that under Hindu Succession Act, 1956, Son-in-Law is not treated as a legal heir either in the list of Class I heirs or in Class 2 heirs. While the daughter and her son or daughter is treated as Class I heirs of your deceased Father-in-Law.
Being the above provision of the governing law, you cannot claim the share of your deceased wife in the intestate property of her deceased father. However, your son/daughter being a Class I heir can claim the share of their mother in the property of their grandfather.
Hope the matter stands clarified.
Anonymous
Replied 11 months ago
Dear Sir, thanks for your response. I would like another clarification. Since my father in law's only surviving family are his brother and sister, will they have precedence to lay a claim as legal heirs. His brother does not have any family but the sister does have a daughter and a grandson. My father in law's brother does want me to take care of the property as he's unable to but not sure the sister would be willing to do that.
In what scenario would I be able to lay a claim if that is even a remote possibility?
Legal Counsel Vidhikarya
Replied 11 months ago
Rights of full-blood-related legal heirs override the rights of other heirs. Even if your father in laws brother wants you to take care of the property you are not entitled to exercise of any right of legal heirs. There is no scope for you under Hindu Succession Act to claim yourself as a legal heir of the property left by your deceased father in law.
Hope the matter stands understood to you.
As per the information you have given it is advisable to you to reach out to an advocate for first hand information.
However I am mentioning general rule here - In case a deceased owner of property does not leave behind a will, the legal heirs will inherit the assets as per the provisions of the Hindu Succession Act, 1956 in the prescribed order. The first preference is given to Class-I legal heirs, which include close relatives like parents, spouse, children and their successors. When it comes to each of their shares, sons and daughters, and parents will have equal shares. A spouse too, will be entitled to one share. However, in case there are more than one surviving spouses, they all will share the one portion they are entitled to. Their successors too, will get only one share, which the person through whom they are claiming was entitled to.
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