Hindu succession act 1956
Kuldeep Singh Rathore
(Querist) 02 March 2013
This query is : Resolved
sir
i want to know one question about hindu succession act 1956
hindu devi singh get property from his father;s parental property share after death of his father and devi singh have three brother more died intestate at 1998 he have no son no doughtier only wife usha so his property go to his widow wife usha ,and usha also died intestate at 2013 jan 5th now her property go to devi singh brother as per sec 15 [2] becouse that property usha get from his husband death so her husband ;s brother are get that property
but now question is coming sir devi singh one brother was died in 1958 before devi singh death and other brother was died after devi singh death but they both brother have there son live so now devi singh only one alive brother live so he alive brother claiming he is only owner becoz devi singh two brother are died so that brother son have no right and he is only owner of property but sir it is not posible becoz brother means deceased and pre deceased brother also include in brother category so pre deceased and deceased brother son also get share or they not get please tell about this
i mean to say brother category brother or deceased brother or pre deceased brother include or only alive brother get share please clear this if some judgment then please mention sir i am very thankful for that
Devajyoti Barman
(Expert) 03 March 2013
The living brother only inherit he share.
When the other brothers dies , succession di not ope at that time.
Raj Kumar Makkad
(Expert) 04 March 2013
I humbly disagree with Barman on this point. The succession of Usha Devi shall go in equal share to the legal heirs of all 3 brothers of Devi Singh in the given case. The legal heirs of deceased brothers also do fall in class 1 heirs and there is no specific or preferential right to the alive brother in law.
Ramesh
(Expert) 04 March 2013
The query deals with distribution of property among heirs in class II of the schedule as there are no class I heirs.As per section 11 the property is to be divided between the heirs specified in any one entry of the class II heirs. In the present case the nearest surviving heir is brother who is shown in entry 4 of the class II heirs. I think it refers to only the surviving brothers as the sons of a brother are shown in entry 10. If the sons of the deceased brother are also contemplated in the 4th entry then there is no necessity of a separate entry at No.10. I concur with Mr.Barman's opinion though with a different analysis.
