Succession law
santosh Pawar
(Querist) 08 May 2015
This query is : Resolved
sir,
My aunty died unmarried. She has left behind some bank balance and one flat property. She has one real brother and one real sister( my mother) as legal heirs. My uncle(brother of deceased) applied for succession, in which he said the sister of deceased(my mother)has no right/claim, as she was married in the year 1950 i.e. before hindu succession act 1956.
Sir my question is, can my mother(real sister of deceased) claim property of her sister as she was married in 1950 or whether our claim will be denied as my mother (deceased sister)was married before hindu succession act 1956. Please guide. We stay in Pune(Maharashtra).
SAINATH DEVALLA
(Expert) 08 May 2015
1.How did she acquire the property
2.Let us discuss the bank balance later
3.Brother is class one heir of unmarried sister and UR mother becomes class two heir.
Kumar Doab
(Expert) 08 May 2015
Revert to the points raised by Expert Mr.Devala.
This is an interesting thread.
You have indicated that deceased owner was Hindu!
How the property came to the deceased::: self acquired, from her father?
Is the mother and father of deceased alive?
In which year she died i.e. succession opened?
The property of a female Hindu dying without WILL shall be distributed
1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .
SAINATH DEVALLA
(Expert) 09 May 2015
U have not answered the above questions
Dr J C Vashista
(Expert) 09 May 2015
1. I agree with experts advise.
2. However, the date of death is a relevant point to decide whether your mother shall be class 1 or class 2 LR of the deceased. The date of marriage of your mother is irrelevant.
3. Besides this, acquisition of flat (self or inherited) is another vital point to be disclosed.
4. The deceased must have nominated someone in her bank account, contact the bankers. If it is not there obtain succession certificate.
5. It is presumed that parents of deceased are no more and deceased has died intestate, isn't it?
Rajendra K Goyal
(Expert) 09 May 2015
Reply of questions raised by the expert is required for advise.
R.K Nanda
(Expert) 09 May 2015
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 10 May 2015
For further and proper opinion, you should reply to the queries raised by experts. The property of unmarried sister will devolve upon class I legal heirs and in the absence it will devolve on class II legal heirs.
