Hindu succession law
Pooja
(Querist) 23 November 2012
This query is : Resolved
Say X died leaving behind his wife daughter and mother without any will.
After that X's mother died. Will X,s property have his sister as a legal heir.
prabhakar singh
(Expert) 23 November 2012
When a hindu dies intestate his/her share devolves upon class I HEIRS .So x share devolved equally upon wife daughter and mother 1/3 each.Hence mother share became her absolute and shall devolve up on her daughter(see 15 and 16 of Hindu Succession Act)if mother died intestate,then her sister has no share.
Pooja
(Querist) 23 November 2012
Thanks. But if the property is jointly owned by X and his wife how is the succession taken care of???
prabhakar singh
(Expert) 23 November 2012
Then only 1/2 belonged to x that means 1/2 of x divided by 3 equals to 1/6 going to x 's wife, the other 1/6 going to x's daughter and
rest 1/6 to mother and as she died intestate taking it absolute the same would go to her daughter,hence daughter 's share as of now in x undivided property is(her's 1/6 plus her mother's devolution 1/6 equaling to 1/3,while
x's wife has sourced title of 1/2 plus 1/6 inherited from x's 1/2.
prabhakar singh
(Expert) 23 November 2012
I am about to log off now!!!!!!!!!!!!!!!
Pooja
(Querist) 23 November 2012
Thanks a lot
G. ARAVINTHAN
(Expert) 23 November 2012
Sure .. Sister will inherit from mother
Raj Kumar Makkad
(Expert) 24 November 2012
X's sister has no concrn with the properties left by X or his wife and the 100% properties left by both shall go in favour of their sole daughter.
Raj Kumar Makkad
(Expert) 24 November 2012
Mr. Singh has spent two posts just for telling that instead of answering the query, he is leaving. This is very gud way to reply..........
Raj Kumar Makkad
(Expert) 24 November 2012
Mr. Arvinthan! You have also not read the query properly. Had you read it carefully, you wouldn't ahve answered as you did in this case.
Raj Kumar Makkad
(Expert) 24 November 2012
The querist has nowhere told that his grandmother is alive so why should we experts presume that she is alive. Grandmother of querist i.e. the mother of X if predeceased, has no right to inherit any share out of the properties left by X so in nutshell the querist is the only legal heir of her parents and is thus entitled to inherit entire property as asked.
M/s. Y-not legal services
(Expert) 25 November 2012
in your query you stated about X's legal heirs.. but no details about the legal heirs of X's mother..
while being so how we can talk about X's mother's share..
-y.not legal services-
Pooja
(Querist) 26 November 2012
See I am confused now.
X died with wife daughter and mother.
after that X's mother died.
both X and his mother died without any will.
X's mother has 2 heirs. X and his sister.
Now will X's sister have any right on X's property.
prabhakar singh
(Expert) 26 November 2012
First to Mr.Makkad who always consider me a threat to surpass his score despite my showing that i do not wish to run this kind of race.
prabhakar singh
(Expert) 26 November 2012
Now to you Pooja !
If your facts stated before my answer are correct then you never need to get confused.
prabhakar singh
(Expert) 26 November 2012
Now again to Mr.Makkad !
You need not worry.I do not intend to beat your scores.
V R SHROFF
(Expert) 26 November 2012
Will X,s property have his sister as a legal heir. no.
G. ARAVINTHAN
(Expert) 26 November 2012
Mr Makkad... Sure daughter will get share from her mother..
Raj Kumar Makkad
(Expert) 27 November 2012
Mr. singh! I humbly pray you not to use such type of words as you generally use about me.
Raj Kumar Makkad
(Expert) 27 November 2012
Mr. Singh! AM I wrong when I say that your reply can be given even in one thread instead of more than 5 and even more against a single query? It is seen that you require a separate post for next sentence which is the main cause of contention. Even then I don't anticipate any danger from you to surpass me as I am well ahead from you as I am not doing this service for any reward rather this is a selfless service.
prabhakar singh
(Expert) 27 November 2012
When a lady inherits that becomes her absolute and if she dies the succession is governed by section 15 & 16 of Hindu succession Act.
Section 15 runs as "(1) 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.
(b) secondly, upon the heirs of the husband.
(c) thirdly, upon the heirs of the father, and
(d) fourthly, upon the heirs of the father, and
(e) lastly, upon the heirs of the mother."
Take care of 16.(1)(a),more specially(including the children of any pre-deceased son or daughter).Hence if X mother was a widow on the date of her death
then her property shall exclusively go to her predeceased son X's daughter.In case she was survived by her husband also then both X's predeceased daughter as well as her husband take to gather in equal.
Her sister would be covered only when clause (c) or (d) or (e) comes in picture.BUT IN YOUR CASE THAT OCCASION DOES NOT ARISE BECAUSE OF PRESENCE OF predeceased son X'sDAUGHTER.
prabhakar singh
(Expert) 27 November 2012
Mr. Makkad i think we should restrain interacting in this manner.If you think i use to much pages to write very little for my own advantage then it should not pain you,more specially when you to have done the same here.Mine is habit but your's is?What?REACTION or REVENGE or else what?
IT IS YOU ONLY WHO DID NOT READ THE QUERY.
