Succession
Parveen Kr. Aggarwal
(Querist) 03 February 2010
This query is : Resolved
Upon the death of a male hindu unmarried and issueless whether his full blood brother alone will succeed his properties or two half-blood brothers will also share his properties along with the full-blood brother.
A V Vishal
(Expert) 03 February 2010
General Rules of Succession - MALE HINDU
The property of the male Hindu dying intestate shall devolve in the following manner
Firstly upon all the heirs, being the relatives specified in Class I;
Secondly, if there is no heir of Class I, then upon heirs being the relatives specified in Class II;
Thirdly if there is no heir of any of the classes, then upon the agnates of the deceased; (one person is said to be agnate of another if the two are related by blood or adoption wholly through males) and;
Lastly, if there is no agnate, then upon the cognates of the deceased. (One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through male)
Two persons are said to be related by `full blood' where they have the same parents or ancestors. Two persons are said to be related by `half blood' where the male parent/ancestor is the same, but the female parent/ancestor, through whom each makes a claim, is different.
The rule is when there is any brother or sister by full blood the brother or sister, by half blood is excluded. When there is no brother or sister by full blood, the brother or sister by half blood inherits.
G. ARAVINTHAN
(Expert) 03 February 2010
his full brother is alone can inherit as he is the Class II heir and the half brothers are at Class III, hence, they wont inherit
A V Vishal
(Expert) 03 February 2010
MR GANESAN
ARE THERE CLASS III HEIRS UNDER SUCCESSION ACT, IF SO PLEASE GIVE REFERENCE OF THE SCHEDULE?
Parveen Kr. Aggarwal
(Querist) 03 February 2010
Mr. Vishal. Thanks for the information.
Please spell out the provision of Hindu Succession Act whereunder it is so provided (Exclusion of half blood brother in case of existence of full blood brother).
Sukhija
(Expert) 03 February 2010
I agree with vishal
