Brother's property
Purnendu Bose
(Querist) 01 September 2012
This query is : Resolved
My bachelor brother has died without making a will. Two of our brothers and our parents are already dead. We have no sisters. I am the only surviving brother.
Will I inherit my deceased brother's entire property (both movable and immovable) as per Hindu Succession Act
or will my brothers children (children of the two brothers who died earlier) also get a share.
Please let me know the relevant legal provisions/judgements regarding this matter.
Devajyoti Barman
(Expert) 01 September 2012
Yes you being the only class-II heir left, you would inherit all his properties for which you need to apply for Succession Certificate.
Anirudh
(Expert) 01 September 2012
Since there are no Class-I heirs left behind by your deceased brother, the property left behind by him will go to the Class-II heirs.
In Class-II there are 9 entries starting from Father.
If there are any heir/heirs listed in First Entry, then only those who have been indicated in that First Entry will be entitled to inherit the property and NO ONE ELSE. In other words, those who are listed under Entry II will not be eligible.
Similarly, if there are nobody in Entry-I, then only those who are listed in Entry-II will be eligible to inherit. All persons listed in an Entry are eligible to inherit and they will inherit in equal share.
You, being the only surviving Brother, come under Entry-II. Therefore, only you and entitled to inherit the entire property left behind by your deceased brother.
NOBODY ELSE is eligible. In fact, your other brother's son(s) are listed under Entry-IV. They are not at all eligible.
prabhakar singh
(Expert) 01 September 2012
In the absence of class I heirs class II heirs inherit.
According to class II schedule entry 2 only you shall inherit to preference of your brother's children as they fall in entry Iv,hence you are only preferred heir of your intestate deceased brother.
