A Hindu male died intestate living behind no Class 1 heirs under Section 8 of the Hindu Succession Act,1956. The available CLASS II heirs are listed in II (Second) and IV(Fourth) category.
II Against second category the elder brother of the deceased is living.
IV. Against Fourth category he left behind deceased eldest brother’s two sons and one married daughter and the married daughter of the brother mentioned in II.
Now as the section states that while Class II heirs, who are listed in nine categories in the Schedule, the heirs in the previous category are preferred to later categories.
I like to know whether as the elder brother falling under II category of CLASS II heirs, is he only is entitled for receipt of the entire assets of the deceased brother or any portion of the deceased assets is eligible for distribution to the IV category of CLASS II legal heirs. Whether the married daughters, in the category are also are eligible for equal distribution, if Category IV is at all eligible/entitled.?
