Legal Heir as per the Will
5 years ago
Dear Sir, My mother made a will in July'2016 in which she has mentioned that here property, gold, FD's to be distributed equally among her 2 daughters ie Me & my sister. We are only 2 sisters & no brother.My mother passed away in Sept'2016 My sister also passed away in 2018. We didnt knew about the will earlier hence we made a notary in which we mentioned that me & sister's husband are the legal heir of the property. We submitted the notary to the society but they rejected,But now recently we found a will which mentions about distribution between me & my sister Now who will get the share of the property. Does her family ie her husband & their kids are eligible for share in the property? Please advice.
The property fallen to the share of your sister will be going to following heirs.
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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.
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Shreyash Mohta
Responded 5 years ago
(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.
According to your query, the property shall be distributed according to clause (a)
Thanks
Shreyash Mohta
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