Legal heir in case where no children...

Priyesh Shah (Querist) 11 April 2012 This query is : Resolved
The question is that in case the husband expires first, then the spouse becomes the legal heir. But later if spouse expires and they had no children, then what is the hierarchy for legal heir.
The Husband's parents had expired before his death. However he had brothers. The Spouse's parents expired before her death, but she had brothers.
Who has a legal right, husband's brother's or spouse's brother ???

Follow Query

Report Abuse

ajay sethi (Expert) 11 April 2012
in case deceased was a hindu on her death her husband brother would be a legal heir

ajay sethi (Expert) 11 April 2012
General rules of succession in the case of female Hindus.

15. (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 predeceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

Deepak Nair (Expert) 11 April 2012
Rightly advised by Mr.Sethi

Adv.R.P.Chugh (Expert) 11 April 2012
Depends on the nature of property - if property self acquired - then the husband's heirs would take the property - and the same would be the answer if property devolved through husband or father in law - however if the property came to the Woman through her father/mother - then after husband/father/mother - heirs of father would get the property - and heirs of husband would be completely omitted.

This is manifest in S.15(2) the objective of which is to give back the property to the family from where it came.