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Q.Legal Heir as per the Will
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Q. Legal Heir as per the Will

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Anonymous

posted 2 months 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.
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A. Dear Sir,
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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A. 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.

According to your query, the property shall be distributed according to clause (a)
Thanks
Shreyash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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A. U should submit privious will why are u made again new .

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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A. Dear client apply for Succession right now
Pay and Consult

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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 2 months ago

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A. Without seeing the will it is difficult to advice

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Abhijit

Experience: 30 Year(s)

Responded 2 months ago

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A. Yes

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A. 1) Yes, you and you sister husband is the legal heirs as per the WILL. You can Probate the WILL from court and show in the society to get share certificate on both of your names.

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Ganesh Kadam

Experience: 2 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Dear Sir, Thanks for sharing the insights. 1.The Will says the property should be equally divided between 2 sisters. 2. The property is in name of my late mother. 3. The WILL was made by a lawyer and when we consulted him. He said after the death of your sister. You can claim for the complete rights for the property. Since the sister is deceased, her family holds no rights on property. Because the will had only my sister name and not her family's name. Please would like to have some clarification about the above mentioned views of the lawyer.

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A. If is your mother is Hindu, then your late sister kids / children only are eligible for get the share In her mother's property but her husband is not sharer in her late wife property

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A. Assuming that you, your mother and sister are Hindu, I am advising you. Under Hindu Succession Act, the property of a Hindu Female dying intestate i.e. without a will goes to firstly to her son, daughter and husband and in the absence of these three to the legal heirs of her husband, if the property is inherited from the husband side and to the legal heirs of her father if the property is inherited from the father's side. Now in your case, all the property has been divided equally between you and your sister. As your sister is deceased so now the half share of your sister will devolve around her first class legal heirs i.e. the husband, son(s) and daughter(s), if any. The rest of the half share will be inherited by you.

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Himanshu Mahajan

Experience: 17 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Dear Sir,
Thanks for sharing the insights.
1.The Will says the property should be equally divided between 2 sisters.
2. The property is in name of my late mother.
3. The WILL was made by a lawyer and when we consulted him.
He said after the death of your sister. You can claim for the complete rights for the property.
Since the sister is deceased, her family holds no rights on property.
Because the will had only my sister name and not her family's name.

Please would like to have some clarification about the above mentioned views of the lawyer.

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Himanshu Mahajan

Experience: 17 Year(s)

Replied 2 months ago

The lawyer seems to be confusing you. As I said, after the death of your sister, the 50% share that has been given to her by your mother through the will will go to her husband, son(s) and daughter(s), if any, equally.

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