Unmarried sister rights on deceased brother property in uttrakhand
Meetali kumari
(Querist) 16 September 2015
This query is : Resolved
I would like to know if i am entitled to have property share in my Deceased Brothers Property who died without leaving any WILL behind. I am told that as per Uttrakhand Law i am barred from having such rights . Please guide
Kumar Doab
(Expert) 16 September 2015
It is believed that you are Hindu.
The first right is of ClassI legal heirs i.e. Mother,wife,children..............
Only if ClassI legal heirs are not present ClassII legal heirs shall come into picture.
In UP the married daughters are not given share in agricultural land as per UP land and Zamindari abolition Act.
You may consult a senior and able lawyer specializing in local laws and family/property/revenue/civil matters with all documents on record.
Meetali kumari
(Querist) 16 September 2015
Yes i do belong to a hindu family , and my brother dont have class I legal heirs.
i want to further know if any amendment has been made in Uttrakhand regarding hindu succession act . I was told that daughters dont have rights over property in uttrakhand , is this also applicable to unmarried sisters. Further can you suggest some senior lawyer who can be consulted in this matter.
Kumar Doab
(Expert) 16 September 2015
Your query is for unmarried daughters' share.
My reply is for Married daughter's share and that too for agricultural land.
You may go thru:
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp#.VflSk31-jMo
http://www.lawyersclubindia.com/experts/Share-of-married-daughter-on-agricultural-land-256481.asp#.VflTMH1-jMo
http://www.lawyersclubindia.com/forum/Rights-of-a-married-woman-in-land-in-uttrakhand-43146.asp#.VflWtn1-jMo
Senior LCI Expert Shri Prabhakar Singh has addressed such queries. You may get in touch and seek his counsel.
Rajendra K Goyal
(Expert) 16 September 2015
Well advised, agree with the advise of expert Kumar Doab.
K.S.Srinivas
(Expert) 18 September 2015
If a Hindu person dies without a will, the wealth of the person will be divided on the basis of the "Hindu Succession Act, 1956".
If the deceased is a Male --
The property of a hindu male dying without a will, would be given first to the heirs within class-I. If there are no heirs of class-I, the property will be given to the legal heirs of class-II. If there are no class-I or II heirs, then the property will go to agnates (distant blood relatives of male lineage).
As there are no class-I heirs, the instant case, the property goes to class-II heirs.
Brother is categorised as class-II heir.
Consult a local lawyer in your State.
