Legal heirs
HIMA
(Querist) 14 August 2013
This query is : Resolved
hello
there was my aunt(sister of my grandfather) died in uttarakhand calamity. she was unmarried.
she has not prepared any will nor we have received death certificate yet from uttarakhand gvt.
now who can have rights on her property??
morever, in some of the FDs nominee is appointed, so can he alone has right on that property??
pls reply asap.
Raj Kumar Makkad
(Expert) 14 August 2013
As your aunt was unmarried so either your grand mother then your grand father and then your uncles and father and then you are entitled to claim in alternate.
Devajyoti Barman
(Expert) 14 August 2013
Without knowing her family members how could one mention her legal heirs.
If she has no first class legal heir, then second class heir would inherit.
HIMA
(Querist) 14 August 2013
she has only 2 elder brother & one sister ane their childrens.
HIMA
(Querist) 14 August 2013
probate is necessary for selling her property??
prabhakar singh
(Expert) 14 August 2013
Fallacious indeed is your question lady!when she died intestate no question of grant of PROBATE OR LoA arises.
as she was unmarried all her property would go to heirs of her father first,where it has been told she had left brothers and sisters,then they are the heirs.
Any nominee in deposit records a trustee accountable to heirs.
Devajyoti Barman
(Expert) 14 August 2013
Since there is no Will, there is no question of Probate either.
Rajendra K Goyal
(Expert) 15 August 2013
The property would go to brothers and sister. The proceeds of Fix deposit would be given to nominee. Nominee is the trustee of the legal heirs.
HIMA
(Querist) 15 August 2013
THANK YOU SO MUCH TO ALL FOR THEIR VALUABLE ANSWERS.
alexander
(Expert) 15 August 2013
The The Hindu Succession Act 1955 (Available on the internet) gives the list and the precedence of heirs
First class heirs all get equal share that is to say - by stripes.
In Class two heirs the ,the search ends with the preferred(entitled) heir. If I remember right then in Class two heirs the brother comes before sister - in other words there can be no claimant in the list of class 2 heirs after the "brother" in the instant case.
As far as FDs are concerned the Nominee can claim the moneys without let her hindrance from any quarter. Show the nomination to the concerned Bank/P.o./FI and the nominee shall get the sums after due simple formalities of claiming the amount with the signatures of two witnesses and a copy of the death certificate/ certificate of presumption of death issued by the Competent authority. For the rest and other details which are not apparent in your query pl consult your local lawyer
prabhakar singh
(Expert) 15 August 2013
When it comes to examination of law, as she was unmarried(THEN NO HUSBAND & NO CHILDREN)and also having no MOTHER OR FATHER, succession would be governed by section 15(1)(d)of HSA,and heirs would be the heirs of her father,and according to section 16 Rule 1 among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
Then only thing now required to be ascertained that who would be prefered heirs of father.Needless to say that brother and sister of the deceased lady
are class I heirs of the father inheriting
father would also inherit her equally and simultaneously.SO THERE IS NO NEED TO EXAMINE CLASS II HEIRS AS SEARCH ENDS
WITH CLASS I HEIRS OF FATHER.
THEREFORE WE DO NOT NEED TO TRAVEL SUCH A LONG DISTANCE TO ARRIVE AT A POINT OF FRUSTRATION ON SUGGESTION OF Expert Mr.alexander!
alexander
(Expert) 15 August 2013
FOR Mr PRABHAKAR SINGH ONLY
I must have really provoked you to " travel such a long distance to reach a point of frustration"
I have always enjoyed and in fact must confess , even secretly admired your crisp and at times witty answers but never imagined that at some time I would be at the receiving end!!!. My prime intention was that the lady might read the short Hindu Succession Act, so easily available, so that she is in a position to get the whole picture and clarify most of the doubts that might arise No offence or disrespect meant
prabhakar singh
(Expert) 15 August 2013
Mr.alexander!is also reminded that even when we are applying section 8 which deals succession of males not survived by any class I heir the distribution would as laid in section 11 between the heirs specified in any one entry in class II of
the Schedule so that they share equally.
and class II entries are reproduced below:
CLASS II
I. Father.
II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4)
daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
IX. Mother’s brother; mother’s sister.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother
or sister by uterine blood
GOING THROUGH ALL WE FIND "brothers and sisters"in entry "II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister."
ALL OR ANY OF THOSE four FOUND HERE SHALL TAKE SIMULTANEOUSLY AND EQUALLY TO THE PREFERENCE OF THOSE IN ENTRY III.
prabhakar singh
(Expert) 15 August 2013
IT IS NOT BECAUSE OF ANY PROVOCATION OR FRUSTRATION BUT FOR AN ATTEMPT TO DRIVE THE POINT HOME IN YOUR MIND SIR ALEXANDER!BECAUSE YOU HAVE ALREADY STATED
IN GUARDED LANGUAGE" If I remember right then...."
