Are sisters eligible to get share in non-ancestral property?
Jeet
(Querist) 13 January 2015
This query is : Resolved
Suppose a man A died on 10.06.2012. His wife died before him without any son. so he is left with no legal heir. Now he has 6 brothers, 2 married sister alive and 1 married sister B died before him. Sister B has 6 children. Man A property was not ancestral. It was purchased by his own income. So, are these sisters eligible to get share in the property? pls advise.
ROHIT SHARMA
(Expert) 13 January 2015
1. The property of A will devolve on the second class legal heirs i.e. six brothers and the two sisters. The children of the dead sister can claim the share of their mother.
Anirudh
(Expert) 13 January 2015
I differ.
As per Entry 2 in the Schedule of Class-II heirs, only the following appear:
(1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister.
As per Section 11, the property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally.
In the instant case, 6 brothers and 2 sisters are alive and fall under Entry 2. Therefore, the property will be divided equally only between them and nobody else. (The children of the deceased sister are not entitled to any share).
ajay sethi
(Expert) 14 January 2015
agree with MR Anirudh
T. Kalaiselvan, Advocate
(Expert) 18 January 2015
I too agree with the opinion of the expert Mr. Anirudh in this regard. the children of the pre-deceased class II legal heir will not be entitled for a share in the intestate property.
