Legal heirs of unmarried hindu female
Querist :
Anonymous
(Querist) 11 March 2021
This query is : Resolved
There are total two brothers and 5 sisters in a family among which one is my father who is deceased among the 5 sisters two are already deceased now one of them who is unmarried is deceased.their father and mother ie my grandparents died long ago only one brother and two sisters are alive so now who will be the legal heirs of the deceased unmarried sister who is my aunt .do I have rights over her property and jewellery.do the children of her already deceased sisters also come under legal heirs.
Advocate Bhartesh goyal
(Expert) 11 March 2021
As per sec 15 ( 1 ) of Hindu succession Act, property rights of your unmarried aunt ( bua ) will devolve to legal heirs of your aunt's mother and father means all legal heirs of your grandparents are entitled to get their respective share.
P. Venu
(Expert) 11 March 2021
In my understanding, the provisions of Rule 15(1) apply
Section 15. General rules of succession in the case of female Hindus.Previous Next
(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 pre-deceased 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
Being a legal heir to your grandparents through your late mother, you can assert your claim to the property, if any, left intestate.
kavksatyanarayana
(Expert) 11 March 2021
You stated that two sisters deceased and one of them is unmarried. then the balance of sisters is 3 but you stated as two. It is presumed that you are Hindu and the property is your grandfather. So the sons and daughters whether deceased or not, all are having an equal share of your grandpa's property. For decease's son/daughter, the legal heirs of the deceased have equal shale of the deceased's 1/5th share. For unmarried daughter's share, I agree with the advice of the learned expert Mr. P.Venu sir.
