Property Of Bachelor
Querist :
Anonymous
(Querist) 18 June 2011
This query is : Resolved
Dear Sir/ Madam,
My brother expired on 15th Sept. 2004. He was a Bachelor and he left a property behind without a will.
Both the Father and Mother is Pre- Decesaed.
He had 3 brothers and 3 sisters out of which only 1 brother and 1 sister is alive.
So as per the current situation who is the successor of the said property.
Please clarify whether deceased brothers and sisters children also have a right to the property.
Thanks and Regards,
Pahlaj Gangwani.
M.Sheik Mohammed Ali
(Expert) 18 June 2011
yes, you and your sister entitle to the property by way of legal successor certificate get from the court the made partition suit,
Querist :
Anonymous
(Querist) 18 June 2011
Dear Sir,
Will the children of the deceased brothers and sisters get a share?
Thanks and Regards,
Pahlaj Gangwani.
Guest
(Expert) 18 June 2011
yes the children will also get the part of their father which ought to be received by their father if he was alive
prabhakar singh
(Expert) 18 June 2011
I AM SORRY,YOU HAVE GOT SOME CONFUSING FACT HENCE CONFUSING ANSWERS TOO.
YOUR QUESTION IS THAT YOUR BROTHER DIED ON15th Sept. 2004 UNMARRIED, INTESTATE(WITHOUT MAKING A WILL)LIVING BEHIND HIM YOU AS BROTHER AND A SISTER,SINCE 2 BROTHERS AND 2 SISTERS HAVE DIED AND FATHER AND MOTHER IS ALSO PRE DECEASED HIM.
I SUPPOSE YOU"Anonymous"HINDU HENCE ,HINDU SUCCESSION ACT, 1956,IS APPLICABLE IN YOUR CASE. AS PER S 8 OF THIS ACT WHICH READS"8. General rules of succession in the case of males.
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of two classes, then upon the agnates of the deceased; and
(d) lastly , if there is no agnate, then upon the cognates of the deceased.
CLEARLY YOUR BROTHER WAS A MALE AND HAS LEFT NO CLASS I HEIR ,THEREFORE YOUR CASE WOULD BE GOVERNED BY LAW LAID DOWN IN 8(b),ABOVE TO REPEAT"(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
NOW WHEN WE LOOK INTO SCHEDULE CLASS II WHICH IS GIVEN AS
"CLASS II
I. Father
II (1) Son's daughter's son, (2) son's daughter's daughter,(3) brother, (4) sister.
III (1) Daughter's son's son (2) daughter's son's daughter, (3) daughter's daughter's son (4) daughter's daughter's daughter.
IV. (1) Brother's son (2) sister's son, (3) brother's daughter, (4) sister's daughter.
V. Father's father; father's mother.
VI. Father's widow; brother's widow.
VII. Father's brother; fathers' sister.
VIII. Mother's father; mother's mother.
IX. Mother's brother, mother's sister.
Explanation:- In this Schedule, reference to a brother or sister do not include reference to a brother or sister by uterine blood.
NOW WE NEED TO LOOK IN TO WHAT SECTION 9 OF THIS SECTION DICTATES:
"9. Order of succession among heirs in the Schedule
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession."
NOW ON YOUR FACT ONLY THOSE IN ENTRY II OF ABOVE SCHEDULE ALIVE AT THE DATE OF DEATH OF YOUR BROTHER SHALL INHERIT AND NONE ELSE.
YOU HAVE NOT CLEARLY WRITTEN IF THE TWO BROTHERS AND TWO SISTERS ALSO PREDECEASED HIM LIKE HIS FATHER AND MOTHER.
AND IF,YES IS YOUR ANSWER THEN AND THEN ONLY THAT IT IS YOU AND YOUR SISTER ALONE WILL INHERIT,AND NONE ELSE.
BUT IN CASE ON 15th Sept. 2004 WHEN YOUR THIS BROTHER DIED ,IF ALL 3 BROTHERS AND 3 SISTERS WERE ALIVE THEN PROPERTY JUST ACCORDING TO THIS RULE DEVOLVED UPON 6 PERSONS AND NOT ON TWO ALONE,THEREFORE IF THE TWO BROTHERS AND TWO SISTERS HAVE DIED AFTER 15th Sept. 2004,THEN THEIR SONS AND DAUGHTERS WILL GET THE SHARE OF THEIR PARENTS.
Ashok Yadav
(Expert) 18 June 2011
I am agree with Mr. Prabhakar Singh.
If he was a hindu by religion then Hindu Succession Act 1956 will apply on succession of property of your brother.
Section 8 (B) shall apply to succession of his property, Heirs of class II sub rule 2 shall apply and only brother and sister are alive so only those brother and sister will get the property who were alive at the time of death of your brother. Means if only one sister and one brother were alive at the time of his death, then only those will get share in equal.
Querist :
Anonymous
(Querist) 27 June 2011
Thank You....
