legal heirs

Querist : Anonymous (Querist) 03 June 2010 This query is : Resolved
MR.X left his home by year 1998.police taken "man missing" case. but no result yet.his relatives are mother,wife and 3 brothers.he had property in his place.by 2008,his wife got divorce thru court.in 2010 one of his brother died.
now legally who are legal heirs of his property?

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Ruchi Gupta (Expert) 03 June 2010
legal heirs are wife till she is remarried & mother. rest of the two brothers are only when if tney are dependant on his income.

Surrender K Singal (Expert) 03 June 2010
Wife taking divorce in 2008 ?
Leaving mother to inherit son's property ?
Surviving brother may get share in mother's property !

B K Raghavendra Rao (Expert) 03 June 2010
This seems to be a presumed ill-conceived story. How a person who has gone missing since 1998 be available for divorce in 2008. A person who is not traceable for more than seven years is presumed to be dead. Mother is the only legal heir for his property if wife had already taken divorce.

G. ARAVINTHAN (Expert) 04 June 2010
Generally class I heirs are mother, wife and children and all will have equal share.

in this case wife got divorced and if she not married other person, she can get her share.

if mother and children are alive, they can get shares.

in absence of mother and children, two living brothers can get share

Surrender K Singal (Expert) 05 June 2010
For a missing person deemed dead after seven years, the wife could be a widow and thus equal heir with mother ! Court would have declared the missing person DEAD which declaration would bestow the title of widow (not a divorcee)

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