Ii nd class legal heir
mahesan
(Querist) 04 June 2013
This query is : Resolved
unmarried Brother died on 01.05.1965, father and mother died after the death of brother, brother had 4 sister and one sister died 1998, diseased sister' had daughter and her husband. who are legal heirs of unmarried brother under H S act?
Adv Archana Deshmukh
(Expert) 04 June 2013
All the 4 sisters are the legal heirs to their unmarried brother's property. As one of the sister is dead, her heirs name will be substituted in place of her name.
Anirudh
(Expert) 04 June 2013
In terms of Section 9 of the Hindu Succession Act, those in the first entry in the Class-II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.
In Caass-II there are nine entries.
The II entry covers brother and sister.
Therefore only the brother and sisters who are alive will get covered. The property left behind by their unmarried brother would be shared only by them.
The children of the deceased sister who come in Entry-IV are not eligible in the given fact situation.
Raj Kumar Makkad
(Expert) 04 June 2013
The HSA prevalent at the time of the death of that unmarried Hindu male has to be taken care of. During the year 1965, the succession of a male unmarried Hindu was inherited by his succssors as under:
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of two classes, then upon the agnates of the deceased; and
(d) lastly , if there is no agnate, then upon the cognates of the deceased.
J K Agrawal
(Expert) 04 June 2013
Mr Anirudh is right in explanation of Law but here problem is different.
After death of Brother entire property devolve to his Mother only as she was alive at that time. After death of mother it devolved to all daughters including heirs of predeceased daughter. So all are class one heir and no question arises of class two heirs.
Anirudh
(Expert) 06 June 2013
Dear Mr.J.K.Agrawal,
I am sorry. I overlooked the point that the father and mother died after the death of Brother. You are absolutely right. I stand corrected.
My apologies to the querist also.
(Ultimately the answer given by Adv. Archana would turn out to be correct.)
