Can i inherit my fathers self aquired property if he has not left a will for that perticular propert
abhinav3060
(Querist) 27 April 2012
This query is : Resolved
have a super duper nice day in heaven??????????????
Devajyoti Barman
(Expert) 27 April 2012
1. Yes you have equal rights on those properties about which no Will is executed.
2. Yes they are not his inheritors.
C. P. CHUGH
(Expert) 27 April 2012
As per Hindu Succession Act, if any person dies intestare leaving properties the same is delved upon all the lenient descendants of the deceased (class I) and accordingly his wife and his child are only legally successors to his self acquired properties.
So far as Siblings of the deceased are concerned, they deserve share only in the properties which the deceased has inhereifed from his fore fathers and have nothing to do with the self acquired properties of deceased unless contrary is mentioned in the will of the deceased.
abhinav3060
(Querist) 27 April 2012
have a super duper nice day??????
Nadeem Qureshi
(Expert) 27 April 2012
Dear Abhinav
as per section 10 of Hindu Succession Act 1956 read with amended act 2005
10. Distribution of property among heirs in class I of the Schedule. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.- The intestate' s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.- The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.- The heirs in the branch of each pre- deceased son or each pre- deceased daughter of the intestate shall take between them one share. Rule 4.- The distribution of the share referred to in Rule 3--
(i) among the heirs in the branch of the pre- decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions; and the branch of his pre- deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre- deceased daughter shall be so made that the surviving sons and daughters get equal portions.
feel free to call
Shonee Kapoor
(Expert) 04 May 2012
I agree with the detailed suggestions.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
