Issue of legal heir.
Querist :
Anonymous
(Querist) 05 August 2018
This query is : Resolved
Deceased has left behind his wife and a son. As because deceased was love marriage a lower caste girl, he was living with her family apart from his family. Under this circumstance, can his parents coming under his legal heirs?
Querist :
Anonymous
(Querist) 05 August 2018
Deceased has left behind his wife and a son. As because deceased was love marriage a lower caste girl, he was living with her family apart from his family. Under this circumstance, can his parents coming under his legal heirs?
Guest
(Expert) 05 August 2018
Obviously and Legally the Parents of the deceased would be Legal Heirs along with the family of the deceased.
R.Ramachandran
(Expert) 05 August 2018
Apart from his own wife and children, Only his mother (if alive) will be a legal heir and not his entire parental family.
Vijay Raj Mahajan
(Expert) 05 August 2018
The religion of the parties not mentioned. The law of inheritance is based on the religion of parties. The presumption the deceased was Hindu by religion, the inheritance will be based on the Hindu Succession Act,1956. The section 10 of the Act provides: The Hindu who dies intestate without making a Will, his property shall be divided among the heirs in class 1 of the schedule, the intestate's widow, all the surviving sons and daughter and mother of the intestate shall each take one share.
K Rajasekharan
(Expert) 05 August 2018
As Adv Ramachandran rightly says the legal heirs of the person would be his wife, son and his mother, but not his father, as per the Section 8 of the Hindu Succession Act 1956.
Querist :
Anonymous
(Querist) 05 August 2018
Deceased ( Hindu)1st wife and 1st wife's daughter ( 1st wife's daughter married a muslim) are alive and also deceased's kept and her daughter's and sons are alive. In this context, I am requested you to know who's are the legal heir of the deceased?
Querist :
Anonymous
(Querist) 05 August 2018
Deceased ( Hindu)1st wife and 1st wife's daughter ( 1st wife's daughter married a muslim) are alive and also deceased's kept and her daughter's and sons are alive. In this context, I am requested you to know who's are the legal heir of the deceased?
Dr J C Vashista
(Expert) 06 August 2018
You have been advised adequately if there is some real problem, which is prima facie an academic exercise/ examination by an "anonymous" person.
Consult a local prudent lawyer for further questions, if you have some problem.
