Intestate Succession

Querist : Anonymous (Querist) 03 December 2010 This query is : Resolved
A bachelor Hindu died intestate living behind a house. The House he was aliented from the Joint property by mutual partition though family settlement in the Delhi Mediation Centre in one of the Delhi District Courts and all the other concerned parties are signatories to this settlement.

The person left behind his step mother and two married sisters. Now the quetion is who would be his successor in his property. One of his sisters left the family 13 years back and had no relations with the deceased in all these years.The other sister and step mother was staying with him.

Now the sister who left the family 13 years back is claiming her share and filed an apllication in a Delhi court to grant letter of administration by making the State and other sister as Respondents and suppressing inforamtion about her step mother.

What should the other Respondent sister and step mother do?

The property in question is neither in possession of all of these three and it is in the possession with whom the deceased entered into an agreement to construct four flats out which two flats was to be given to the deceased and two flats was to be retained by the Builder.

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R.Ramachandran (Expert) 03 December 2010
The intestate property of the hindu bachelor would go in accordance with Section 8 of the HSA, 1956 to the Class-II heirs. The class-II heirs are:

I. Father
II. brother / sister

If the bachelor's father is alive then the property would go to his father.

Only in the absence of the father, then the property would go in equal share to his brother(s) and sister(s).

Advocate Bhartesh goyal (Expert) 03 December 2010
Yes, Mr R. Ramachandran is right.

Querist : Anonymous (Querist) 03 December 2010
Father is not alive.What about step mother.The intestate property is the aliented property inherited in succession with family settlement

Nu.Delhi.Law.Fora. (Expert) 04 December 2010
Dear Querist,

Please note that where a partition of a joint family property takes place and a separate share is given to the deceased son;

In the case of a Hindu male governed by Mitakshara under Sec 8 of the HSA Act, 1956 the property that devolves on him will be his separate property. Such a property would never amount to join family property in his hands as against his son.-Yudhishtir v. Ashok Kumar AIR 1987 SC 558;

Thanks & regards.

Rabin Majumder
Advocate & Attorney
NuDelhiLawFora
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001

s.subramanian (Expert) 04 December 2010
I agree.

Querist : Anonymous (Querist) 04 December 2010
Dear Sirs,

Can you please give specific answer. What would be the Stake of stepmother in step son's intestate property. Son inherited this propety being son of his father. The was bachelor ( no wife no kids). only surviving members are Stepmother and two real sister (both married)

Kindly be specific on stepmother's share. Also some citations on it.

R.Ramachandran (Expert) 04 December 2010
Dear Anonymous,
Your query has been already answered. In case Father is not alive, then the brother(s) and Sister(s) of the deceased bachelor would inherit the property.
FULL STOP. NO ONE ELSE WOULD GET ANYTHING.

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