Legal heir of husaband property
Kirti Trivedi
(Querist) 19 September 2015
This query is : Resolved
Sir,
I have a question
My relative lost her father 15 years ago and he had a self acquired property (house) in his name and he did not have a will when he passed away.
Who is/are legal heir(s)?
1) The deceased person's Mother
2) His Wife
3) The deceased person's two sons (Both sons are married and one son has two minor children)
4) The deceased person's two daughters (All daughters are married)
My questions are...
A)Whose signature is/are required for sale deed of property (house)?
B)Is wife inheritor only.
C)Can his mother, Two Sons, Grandson/daughter (minor) and Two Daughters claim for share?
D)Can sale this property (house) through power of attorney (wife has given a power ofattorney to someone before one two years)
Please guide us.
SAINATH DEVALLA
(Expert) 19 September 2015
The property of hindu male dying intestate or without a will,would first be given to class 1 heirs.
CLASS 1 HEIRS ARE:
1) The deceased person's Mother
2) His Wife
3) The deceased person's two sons (Both sons are married and one son has two minor children)
4) The deceased person's two daughters (All daughters are married)
All the adult class 1 legal heirs are signatories and she cannot give a POA without the consent of the other legal heirs.
Rajendra K Goyal
(Expert) 19 September 2015
As per Hindu Succession Act following are class - I legal heirs:
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of it pre-deceased son; son of a pre-deceased son of a pre-deceased soil; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
A. Signatures of class I legal heirs required.
B. No, all class I legal heirs would inherit.
C. Only class I heirs would inherit.
D. POA from all non signatory on sale deed from class I legal legal heirs is required.
Kumar Doab
(Expert) 19 September 2015
ClassI legal heirs would inherit and all should sign.
