Succession
s v desai
(Querist) 19 December 2018
This query is : Resolved
Respected Experts,
My query is:
My mother has two own brothers[born to the same mother]. Both the brothers divided the Ancestral property among themselves. My mother was not taken her share due to love and affection on her brothers.
1. The elder brother was living with my mother when the elder brothers wife died in the year 1992. He also died in
the year 2011. This brother has no children[Issueless]
2. The younger brothers died in the year 2014. This brother has no children[Issueless] His wife is still alive.
The younger brother sold his property when he was alive.
My question is that the property of my mothers elder brothers fully comes to my mother by the way of succession. or else it goes to her younger brothers wife?
Vijay Raj Mahajan
(Expert) 19 December 2018
According to Hindu Succession Act, the mother as well widow of younger brother are both class 2 heirs of the elder brother. Both get equal share in that property.
s v desai
(Querist) 19 December 2018
Sir,
But the younger brother already has taken his share. And also got a huge sum of amount. Also after division between them makes a separate family tree branch.
Vijay Raj Mahajan
(Expert) 19 December 2018
Elder brother died intestate without leaving any Will hence his property shall devolve to his heirs and both his sister and widow of younger brother are his living heirs so they get equal parts in his property. What younger brother got was his part in the property, here the part of elder brother in the property is to be passed over to his living heirs.
Hope you understand the difference between two issues.
Kumar Doab
(Expert) 19 December 2018
If you are all Hindu then 1st right is of ClassI legal heirs
and if ClassI legal heirs are not available then ClassII legal heirs..
The division was by valid/registered deed?
