Guardianship
A A Kumar
(Querist) 24 January 2011
This query is : Resolved
I have lost my elder brother. His wife expired after him. Both died at a very young age of 45/40 respectively. They have two childen boy/girl 14/11 respectively. Both have expired intestate. I need to know who are the legal heirs of property left by them. Are their legal heirs other than the boy/girl from the mother side and father side. for eg, can the mother's sister, brother or mother mother claim for legal heir in the property. Can the brother's brother, sister, mother claim for legal heir in the property. Can the brother brothers sons cliam for legal heir in their property
It has become so difficult without a will and need a simple but correct solution
Devajyoti Barman
(Expert) 24 January 2011
The children of your brother are bein gthe Class I heir they alone inherit their father's property in undivided equal half share on death of their mother. Their maternal uncle and aunts have no share in it as their sister before her death inherited from her husband and not from her parents' side.
pritamsaini
(Expert) 25 January 2011
i agree with Mr. Barman
Amit Minocha
(Expert) 28 January 2011
only children would be class I legal heirs in this case and no one else
A A Kumar
(Querist) 01 February 2011
I have my brother and her wife who has expired intestate and they have their two children boy/girl aged 14/12 respectively. As per the Succession i understand that they are Class I Heir and they alone will inherit the property left behind. Please let me know when is the age when they become major. Till Such time, one need to be a legal guardian for both of them, who are the natural guardians inthis case. Just to add the Grand mother/father of both the child from Brother side has expired. Grand mother of both the child form Sister side is alive. Uncle and Aunt from both the side are alive.
