A male gentleman aged 81 passed away without any Will. He remained bachelor and have no Class I heir. He left behind only Class II legal heirs amongst them, those who are alive is
1) the deceased only elder brother aged 85 years with none other living in that entry, and
2) the other living Class II heirs are falling in the lower entries [like the deceased person's eldest brothers sons & daughters, nephews, etc.]
Now as The Hindu Succession Act, 1956 states that the The rules related to order of succession, it states that those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession. Also Section 11 in The Hindu Succession Act, 1956 states that the property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they, share equally.
Thus whether in the instant case, the deceased elder brother who is 85 years old, as mentioned in (1) above will solely inherit the personally acquired property left behind deceased brother?.
In case it is right that the deceased elder brother is automatically entitled for the heir ship of the property and is interested to sell out the property, and for that if he executes " Power-of-Attorney to Sell a Particular Property" can the attorney sell out the property on behalf of their uncle, straight away before the property having being mutated in his name in the municipal record?
Request kind guidance with pin pointing of misinterpretation, if any.
2) the other living Class II heirs are falling in the lower entries [like the deceased person's eldest brothers sons & daughters, nephews, etc.]
Now as The Hindu Succession Act, 1956 states that the The rules related to order of succession, it states that those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession. Also Section 11 in The Hindu Succession Act, 1956 states that the property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they, share equally.
Thus whether in the instant case, the deceased elder brother who is 85 years old, as mentioned in (1) above will solely inherit the personally acquired property left behind deceased brother?.
In case it is right that the deceased elder brother is automatically entitled for the heir ship of the property and is interested to sell out the property, and for that if he executes " Power-of-Attorney to Sell a Particular Property" can the attorney sell out the property on behalf of their uncle, straight away before the property having being mutated in his name in the municipal record?
Request kind guidance with pin pointing of misinterpretation, if any.
