distribution of property
Querist :
Anonymous
(Querist) 09 November 2010
This query is : Resolved
sir,
my late father's brother's wife is expired recently. she purchased one site through employees housing co operative society & made us i.e me and my brother as nominees since she no children's and her husband is expired 10 year back she has one brother she has no children & her husband is dead but my late father has 3 daughters & children of one of daughter's has spent some amount for medical help for her now they ask us to repay it from her property and her brother, 3 sister is asking for share in property she has made no will kindly tell us how it'll be distributed
R.Ramachandran
(Expert) 09 November 2010
If she had not made any WILL, and if her husband / father / mother had already died and she is having no children, then the property will go to her brother being her Class-II heir. No one can claim any share in the property. The persons who spent any amount for her medical treatment etc., cannot claim the same now as a matter of right. If at all she can ask the brother who will get the property to consider and pay the amount - it is pure willingness by such a brother to either give or not. Legally the amount cannot be claimed.
pawan sharma
(Expert) 09 November 2010
i concur with Mr.Ramachandran.
Uma parameswaran
(Expert) 09 November 2010
Her brother and sisters can claim the property.
Querist :
Anonymous
(Querist) 13 November 2010
what about our father family side do we not get any share as she got married to our father's brother
R.Ramachandran
(Expert) 13 November 2010
Dear Anonymous,
The answer to your latest query is a big NO. The deceased female's in-laws side has no right to inherit her property.
R.Ramachandran
(Expert) 13 November 2010
Dear Anonymous,
I am VERY VERY SORRY. All along I was under the impression (again a blunder by me) that the property was inherited by her from her parents.
HOWEVER, on a review I notice that it is her self-acquired property.
In that case, her brother(s) or sisters will have no right.
In the fact situation, Section 15 and 16 of the Hindu Succession Act will come into play.
According to Section 15, the property of a female Hindu dying intestate shall devolve according to the Rules set out in Section 16, -
(a) firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. THIS CLAUSE IS TOTALLY NOT APPLICABLE IN THE PRESENT CASE - since her husband has died and she does not have any son or daughter.
(b) secondly, upon the heirs of the husband. THIS CLAUSE IS FULLY APPLICABLE.
Now let us consider as to who are the heirs of her husband.
The heirs of her husband would be as per Section 8 of the Act. In this there are 2 types of heirs Class-I and Class-II.
In the fact situation, the husband of the deceaded female has no Class-I heirs.
Therefore, we have to look into his Class-II heirs.
In this item I, II and IV will be relevant.
Item I relates to father (i.e. your paternal grand father). If he is alive then the property left by the female deceased in this case will go entirely to your GRAND FATHER.
In case your grand father is not alive, then the property will go as per item II.
Item II refers to brother and sister.
In case your father and any of his other brothers and his sisters are available, firstly they will inherit the property in equal share.
In case no one as indicated in item-II above is available, then we have to see Item IV.
Item IV includes (1) Brother's son (2) Sister's son (3) Brother's daughter (4) Sister's daughter. If these people are available (according to you your father has 3 daughters i.e. means (3) brother's daughters ..) similarly if other persons listed in item IV are available, then the property will go to each one of them in equal share.
I DEEPLY REGRET THAT NONE OF THE OTHER EXPERTS corrected my folly.
Querist :
Anonymous
(Querist) 15 November 2010
dear sir
thank you for your immediate realization and quick reply. now regarding my aunt's property as she had bought site purchased in employees housing co-operative society and made us nominees i.e myself & my brother since we belong to class 2 heirs and also nominees. do we get complete hold on that site. in the same class the other heirs i.e my father' sisters are their as a children's of her husband's brother's do we get any extra privilege.
R.Ramachandran
(Expert) 15 November 2010
Dear Anonymous,
Please go through my answer starting from "Therefore we have to look into his Class-II heirs..."
Apply the rule one by one - eliminate possibility of application of the above rule 1 by one.
Do not go with the idea as to how to get it for yourself or your brother.
Apply the rule strictly you will reach the conclusion.
Or in the alternative give the complete list of your relations who are alive today - i.e. starting from your grand father, your grand father's children, their children etc.
Querist :
Anonymous
(Querist) 17 November 2010
dear sir,
i require detailed information so im here by attaching the family tree & also their property details i request you to see the attached file & give us your valuable details we belongs to Hindu family & the deceased persons died without will .
R.Ramachandran
(Expert) 17 November 2010
In this case, the property of the deceased Devi will go in equal share to Kalpana, Latha and Lavanya who are the living sisters of the deceased Devi's husband Mr. Krishna.
Again, the property in the name of Mr. Krishna (deceased) will also go to the above three viz., Kalpana, Latha and Lavanya in equal share.
Since Krishna's brothers (in this case 3 sisters I believe - his other brother Kumar has already died) are available has Class-II heirs, the property will go to the three persons ony.
The sons of Mr. Kumar will not be eligible for anything, even though they are brother's sons. Thus, the legal heirs of the pre-deceased brother Mr. Kumar's sons are not entitled to claim share in the property of the deceased Devi or in the property of Mr.Krishna.
Querist :
Anonymous
(Querist) 17 November 2010
dear sir,
thanks for your quick reply. what about wife of kumar she is alive know? can't she get her late husband's share?
R.Ramachandran
(Expert) 17 November 2010
NO. Mr. Kumar's wife also cannot get any share.
Querist :
Anonymous
(Querist) 17 November 2010
dear sir,
i request you to kindly go through once again the family tree and let me know because we just belongs to hindu religion but not hindu undivided family is the date of expiry of the family member pays any role here? if late kumars family not get any share kindly give us the legal explination according to which atc we are not getting is survived wife of kumar is not eligible? let us know
Querist :
Anonymous
(Querist) 18 November 2010
dear sir
yesterday i asked the query regarding the distribution of property kindly give me the information what act applies for it & y the kumar's family will not get any share.
R.Ramachandran
(Expert) 18 November 2010
Hindu Succession Act, 1956. I had already mentioned in my reply dated 13th November.
Querist :
Anonymous
(Querist) 20 November 2010
dear sir,
thanks for your reply now if i being the son of kumar want to contest in the interest of the property of deceased devi & krishna with following questions 1) i performed her last rites when my aunt devi expired. as per Hindu religion 2)if we are not in the mind of deceased as children why they want to nominated us in almost all their property i.e in their deposits & site purchased through society 3) when person dyeing in intestate without making the will these nominations cant be her intention that she considered us their children to some extent kindly give your suggestion in this regard
R.Ramachandran
(Expert) 20 November 2010
Dear Anonymous,
We have already indicated to you the position in law.
After this, if you still want to file a case NO ONE CAN STOP YOU. It is your wish. You can definitely approach the Court with your view point and make a claim. If you succeed, it is good for you. BEST OF LUCKS.
Parthasarathi Loganathan
(Expert) 20 November 2010
I appreciate the sincerity of the participants of this thread especially Mr.Ramu, in helping the querist to get a solution to all his complications in the matter.
Querist :
Anonymous
(Querist) 24 November 2010
Dear sir,
thank u for your guidelines in respect to my legal queries regarding the property disputes. particularly Mr. Ra mu sir but in the last query i told you that i wanted to take my view point to court is this justifiable? or the court will consider only the succession act rules kindly answer me. one more thing kindly give your open suggestion for me regarding filing the case or not to which i really respect & also tell me if at all we take 100% what is the percentage i can win over in this case? based on your experience kindly guide me in this regard.
R.Ramachandran
(Expert) 24 November 2010
No one can stop anybody from taking their view point to the Court. But the Court will only consider the provisions in the Hindu Succession Act. If I am your lawyer, I would advise you not to approach the Court and waste money since the legal point is not in your favour, court will not give anything in your favour.
