PROPERTY ISSUE OF BROTHERS AND SISTER

Question

This bring to kind notice that our family is 3 brothers 1 sisiter.Property problem will issued the our family members. 1.One sister is before 1986 married his property issued the 0.50 cents 2.3 Brothers will same 0.50 cents part ion deed in our family. 3.Balance property is 0.50 cents grand mother name. 4.0.10 cents property is grandfather name. His Father Mother died. How to solve the property problem.whos is eligible and uneligible persons. Kindly arrange the solution as soon as possible. With Thanks  Regards N.Ramprasad

Vidhikarya · Accepted Answer

Dear Sir Section 8 of Hindu Succession  Act General rules of succession in the case of males.The property of a male Hindu dying intestateshall devolve according to the provisions of this Chaptera firstly upon the heirs being the relatives specified in class I of the ScheduleCLASS ISon 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.Distribution of Property after Death  Hindu MaleFor Hindus testamentary succession succession by way of Will is as per the Indian Succession Act and intestate succession succession without Will is as per the Hindu Succession Act. In this article we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act.Class 1 HeirsThe Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that hisher inheritable property devolves firstly upon the heirs specified in Class I which are as underSonsDaughtersWidowMotherSon of a pre-deceased sonDaughter of a pre-deceased sonSon of a pre-deceased daughterDaughter of a pre-deceased daughterWidow of a pre-deceased sonSon of a pre-deceased son of a pre-deceased sonDaughter of a pre-deceased son of a pre-deceased sonWidow of a pre-deceased son of a pre-deceased sonSon of a predeceased daughter of a predeceased daughterDaughter of a deceased daughter of a predeceased daughterDaughter of a predeceased son of a predeceased daughterDaughter of a predeceased daughter of predeceased sonAll these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category the property devolves upon the enumerated heirs specified in class II.Class 2 HeirsThe devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs includeFatherSons daughters sonSons daughters daughterBrotherSisterDaughters sons sonDaughters sons daughterDaughters daughters sonDaughters Daughters daughterBrothers sonSisters sonBrothers daughterSisters daughterFathers fatherFathers motherFathers widowBrothers widowFathers brotherFathers sisterMothers fatherMothers motherMothers brotherMothers sisterAgnatesIn case a Hindu male passes away intestate and leaves no class 1 or class 2 heirs then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also agnate does not include widows of lineal descendants of the intestate.CognatesIf a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly through males. Thus mothers brothers son and brothers daughters son are cognates eligible for heirship.

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