Succession
kodandaramaswamyreddy
(Querist) 11 January 2014
This query is : Resolved
Dear sir,
I would like to know in a family 5 brothers and one sister, all are married and separated. One of the brother expired with his entire family,father and mother also expired .
who will be the successor to the property , how to procced
kvk
Advocate M.Bhadra
(Expert) 11 January 2014
According to Hindu Succession Act----
Class II heirs and their shares:
If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:
Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.
Dr J C Vashista
(Expert) 12 January 2014
I agree with the expert advise of Mr. M Bhadra.
Advocate. Arunagiri
(Expert) 12 January 2014
the entire property will be divided into 6 shares.
1 out of six will go to this son say X.
Now the legal heirs of the X will get their share out of 1/6 share.
Assuming that X is having 2 legal heirs. They will get 1/12 share each.
R.K Nanda
(Expert) 12 January 2014
agree with experts.
Rajendra K Goyal
(Expert) 12 January 2014
Well advised by the experts, agree to it.
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
If one of the brothers died and nobody survives him as his class-I legal heirs, if his property is to be disposed, his other relatives namely his other brothers and sister who are class-II legal heirs to him will be the legitimate share holders having rights of share in his intestate property. If it is the parents property, automatically the surviving children can inherit by partitioning the same equally among them.
Anirudh
(Expert) 14 January 2014
Now out of 5 brothers and 1 sister, only the 4 brothers and 1 sister are remaining (as the entire family of the other brother having perished and the father and mother also having expired).
Therefore being the Class-II heirs, falling under the same category, the remaining 4 brothers and 1 sister will have equal share in the property (both movable and immovable) left behind by the deceased brother.
Expert Mr. Arunagiri appears to have got the query entirely wrong.
Anirudh
(Expert) 14 January 2014
I forgot to mention the following:
If the property talked about is that of the parents who had died, then being the surving Class-I heirs, the 4 brothers and 1 sister will share the property left behind by their parents who died intestate.
