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AMIT (-)     23 April 2012

Sister's share of intestate's estate

I am stating below a question again a little more clearly, perhaps.

If a Hindu male (say, A) dies intestate leaving behind his wife (say, B), mother (say C)  and a child (say, D),  He also has a married (say, E) living.  

As per Hindu Succession act, intestate's wife, mother and children,,being class 1 heirs. get equal share of intestate  A''s estate

Now, if  C (intestate's mother) also dies later, what happens of her right over her share of A's estate) ? Does C's share of intestate male (son) A's estate get divided between B and D or or sister E  also being class 1 heir to C also becomes entiled for her share of C's estate and C's estate is divided amongst B, D, and E?    

Most import point I wish to know is whether A's estate which passed on to C who also dies later intestate gets divided between B and D or amongst   B, D and E.

And, does it matter whether C dies (after A's death) before or after her 1/3 share of A's immovable estate gets legally in her name?



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 8 Replies

Deepak Nair (lawyer)     23 April 2012

In this case, the share of C will be distributed among all her legal heirs.

In your query, it is not clear that how E is related to C? You said that "He also married (say E) living", but who is that "he"?

1 Like

AMIT (-)     23 April 2012

Dear Nair sir and Dear Davessar Sir.

 

E is sister of A ( Iintestate male) and is living.   And E is daugher of C (mother of A). 

 

So, intestate A and E  are brother and sister.  Hope the matter is clear now.

Sorry for inconvenience .

Deepak Nair (lawyer)     23 April 2012

In that case, E is entitled for a share from the share of C as she is a legal heir of C.

But, E has no right in the property of A when the class-1 heirs of A are alive.

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AMIT (-)     23 April 2012

Thx a lot Nair sir,

One last question needs to be answered.

I undersstand that right of CLASS 1 heirs gets established as soon as A dies intestate.

In this case, there may be two scenerios.

1. C passes away  before  her share (her right) of intestate A's estate is registered in her name

2. C passes away after   her share (her right) of intestate A's estate is registered in her name

Now, the question is, for E to have her share of C's estate, Does it matter whether it is scenerio A or Scenerio B   ?

 

And,

I believe, it would again matter whether C passes after making a will or passes away intestate.  Pl.  conirm.

Deepak Nair (lawyer)     23 April 2012

The title needs to be clear. Thus, the share needs to be transfered to C following all the legal formalities.

Otherwise, it would be difficult if the heirs of 'A' raise any objection.

1 Like

AMIT (-)     24 April 2012

Dear Nair sir,

 

Thx a lot sir.

Deepak Nair (lawyer)     24 April 2012

You are always welcome dear.


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