Legal heirs
DEVENDRA
(Querist) 08 May 2016
This query is : Resolved
My divorced sister died intestate leaving no children. Our parents have died. She has only three surviving brothers. The wives of two Brothers have also died. Who is entitled to inherit the property of my sister and how it can be inherited. Please guide.
Kumar Doab
(Expert) 08 May 2016
It is believed that you are Hindu and she has not left any WILL. You have posted that her parents,have died and she has no children and was divorced.
You have not posted that the estate of deceased Hindu woman is self earned/acquired or acquired from husband or from parents? This is imp. information required to conclude.
>> The self acquired/earned property of a female Hindu dying without WILL shall devolve upon:
1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .
>> If the property was acquired from Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
>> If the property was acquired from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters
Rajendra K Goyal
(Expert) 08 May 2016
In case no class I legal heirs exist, property would be inherited by class II legal heirs.
