Nabarun (dd) 22 May 2015

Hindu succession act section 18

I have a specific question regarding class 2 heir section 18 pertaining to west bengal.

Elder brother of my father succumbed to lung cancer recently. He was unmarried , although he has nominated my father in the FD and bank accounts he did not prepare any will. He is surivived by my father (full brother) and three half brothers and two half sisters.He has no close relatives apart from them.

So my question as per the section 18 is my father the only legal heir ? If not , what is the rule in this scenario. Also could you please let me know what is the procedure for applying it ?

Kind Regards,

Nabarun

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2 Replies

Kumar Doab (FIN) 22 May 2015

Father being nominee can obtain payment from bank. You have not mentioned the personal law applicable to deceased e.g. Hindu Succession Laws...

If HIndu then:

Brother (your father) is classII legal heir.

If the marriage of the woman was after death of first wife and legal she acquired the status of mother.

In law full blood,half blood, uterine blood relationship has been recognised.

Thus the child born to this step mother through common father will be his half brother or sister and therefore gets right as his Class 2 legal heir.

Nabarun (dd) 22 May 2015

Hello Kumar first of all thanks for your reply. Please note I have mentioned in the topic "Hindu Succession act section 18". So I want to know more details of this section 18 and its loopholes. As far my knwoledge is concerned nominee is just a custodian and ultimatley it will be distributed to the legal heirs if there is no will. (Intestate Succession). And I am also aware that step brothers are class -2 heir (after father). Now my question as section 18 its mentioned if all relationship staus are same Full blood will be preferred. Does it mean it will be transferred to the full blood sibling without any further ambiguity. Also I would like to know as you mentioned "marriage of the woman after death gets sttaus of the mother". So does it mean she becomes the class I heir ? In the Class 2heir under section 6 I could see father's widow (step mother). Apology for my ignorance in tehse matters.