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regarding legal heir of my unmarried uncle

(Querist) 17 May 2017 This query is : Resolved 
My uncle who was unmarried died few days back.Now there is two surviving brothers both married have one daughter each.The son of eldest bother is also there married and have a son.Is their any chance of getting the legal heir in the name of the eldest brother's son??The deceased have not left any will also.but his wish was to give his property to the son of his elder brother.
suhana Hussain (Querist) 17 May 2017
Please hekp
Rudrawar Narayanreddy (Expert) 17 May 2017
There is no information whether Eldest brother is alive or not
However if eldest brother is alive his son will not get any right. If eldest brother died before death of your uncle then also he be excluded from succession. Only living brothers and sisters succeed to the property of your uncle. This is as per mohammadan law.
Kumar Doab (Expert) 17 May 2017
While issuing the Legal heir certificate the authority shall issue in the names of legal heirs as per personal law that is applicable in the matter.


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