Hindu Succession Act.
allurisivajiraju
(Querist) 25 September 2009
This query is : Resolved
Respected Seniors,
Mr. ‘X’ had a son Mr. ‘A’ through his first wife ‘Y’. After death of the first wife Mr. ‘X’ has a son Mr. ‘B’ and a daughter ‘C’ through his 2nd wife ‘Z’. Later on Mr. “X’’ and his 2nd wife ‘Z’ were died.
Subsequent to that ‘C’ who is daughter of the 2nd wife is unmarried and she is a government employee and died intestate and death benefits was pending before the authorities.
The said death benefits are claiming by the 2 members one is Mr. ‘A’ who is son of Mr. ‘X’ through his first wife ( Step brother of deceased ‘C’ ), second is Mr. ‘B’ who is son of Mr. ‘X’ through his 2nd wife ( Own brother of deceased ‘C’).
Now my question is who is the real successor of deceased ‘C’ for the death benefits of ‘C’. Please mention provision of law also.
Thanking You in advance.
n.k.sarin
(Expert) 25 September 2009
Mr. Raju, all the death benefits and all the property of 'c' will go to Mr. 'B' only. 'B' is the real brother of 'c'.
Raj Kumar Makkad
(Expert) 25 September 2009
Agreed with Sarin. Mr. A has got no legitimate right to claim death benefits of deceased C
Sachin Bhatia
(Expert) 25 September 2009
All the property of 'C' will go to Mr.'B'.
Bhumik Dave
(Expert) 26 September 2009
If the matter is only for death benefit of government emp. then "c" has made a nomination form as its compulsary in all service. So Please refer the nomination form of c.
allurisivajiraju
(Querist) 26 September 2009
Dear Bhumik Dave Sir, deceased not filled the nomination column.
Dear N.K. Sarin Sir, I agree with your answer. But in my openion u/s 15 (1) d of Hindu Succession Act is applicable to the present case. As per this Section Legal Heirs of the father of the Deceased are entitle for the benefits of the deceased. so two brothers (Step |Brother and Own Brother) are entitle under this section.
My Dought is, is there any preferrance under section 18 of Hindu Succession Act, i.e. Full Blood and Half Blood. Please refer available citations. Thanking You Sir.
