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Satya   08 September 2016

Succession of property

The below thing is related to my friend.

His family is a Hindu by religion. His grand-parents had 3 sons & 4 daughters, out of them 3 are now dead. His father is alive, so as his 3 aunts. One aunt died before marriage. Two uncles are also dead. And his grand-parents died before 40 years. My friend is the single son of his parents.

His grand-father had 1 other brother (of common parents) who died around 25 years ago but his siblings exist. These two ancestors were separated each-other well before – say, 45 years.

My friend’s one uncle died  two years ago, keeping his widow and two sons. His another uncle was unmarried and recently died. This unmarried uncle left his ancestral & sef-acquired properties. Also he left some money into his account where my friend is the only nominee. My friend use to stay with this unmarried uncle.

This unmarried uncle wished to gift him his self-acquired & ancestral properties after his death, but did not make any will. Other family-members also knew about uncle's intentions verbally &  some of them (exclude friend's own parents) openly agree.

In this scenario, my questions are –

  1. If the widow & sons of his one uncle have any right in any property (self-acquired & ancestral) of  the unmarried uncle.
  2. If the siblings of the brother of his grandpa can claim any share of these properties.
  3. If any one of them can forcefully occupy these properties?
  4. How my friend can occupy these properties? if his parental aunts give him a PoA?


Learning

 10 Replies

Kumar Doab (FIN)     09 September 2016

A Hindu Male if dies without disposing his estate by a valid deed, durting his lifetime then first right is of:

ClassI legal heirs i.e. Mother, Wife, Sons, Daughters....................

If ClassI legal heirs are not present  then ClassII legal heirs shall come into picture and press their  right.

 

Anyone can gift/relinquish/release/sell etc etc ......his/her share in anyone's else's favor.

Nomination is not parallel route to succession.

Bank can make the payment to nominee.

Nominee has to distribue to all  heirs.

 

 

 

 

 

1 Like

P. Venu (Advocate)     10 September 2016

In the absence of execution of gift deed or a valid will, you can benefit by execution of a family settlement. The gaps in the facts posted and the queries raised, suggests that you have not posted all the material facts, 

1 Like

Kumar Doab (FIN)     10 September 2016

The querist may respond and post full facts.

Satya   10 September 2016

Thanks to P. Venu Sir & Kumar Doab Sir.

But am not sure of the full facts you both have asked for. Well, till try to get all these for you. To do so, let think this family had 3 brothers -- X, Y & Z. X has one son i.e. my friend, Y has one son i.e. friend's cousin & Z was unmarried & no more to say, has no class I heirs.

1. His cousin & his mother (i.e. my friend's aunt) is askingmy friend for selling this self-acquired house of Z to get money. They want 50% of this money, as they areonly two male siblings (originated from males of this family). My question, as Y died before Z, can son & widow of Y claim any right on Z's properties? X is till alive.

Does 'Brothers' in Class II heirs of a Hindu include a dead brother (Y died before Z)?

I am told by some local persons that as Y died before Z & X is alive, only the uterine brother can claim Z's properties and none of Z's nephew & widow of Y can claim these, should there be no will. Also Z's cousins can not even claim these, as his own brother is till alive. Is this right?

2. The cousins of Z have occupaied a portion of land shortly after his death. Can they do it legally? I am talking about legal stance -- if cousins of Z can claim any property, when his own brother & sisters are alive?

3. Z in different family-occasions clearly told his brothers & sisters about whom he wanted to gift this house; but now only 2 of his paernal aunts can remember this. 1 paternal aunt & the in-law aunt (widow of Y) can't remember this now.

Awaiting your reply soon.

Thanks,

Satya

 

 

 

P. Venu (Advocate)     11 September 2016

What we are seeking are simple facts, devoid of subjective opinions, especially 'What someone has told you.

Satya   14 September 2016

What someone has told me --

1. Only LIVING siblings of any Hindu unmarried who dies without any valid WILL can claim his property only -- in presence of such heirs, son & widow of any brother who died beforehand, has no right on it.

2. Best option available in this world is discussion for a peaceful settlement.

3. If somebody forcefully occupies any land, you can go for a legal suit, but it may take even generations.

 

Kumar Doab (FIN)     18 September 2016

Is same query posted at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=142286&offset=0

 

Kumar Doab (FIN)     18 September 2016

Have you consulted a very able counsel specializing in revenue/property/civil matters with all docs on record?

 

If yes what is the opinion of your own counsel?

Satya   25 September 2016

Kumar Sir, Venu Sir & others,

We have consulted with a senior lawyer with all the papers & their family-picture. He is practicing in the Supreme Court and speciality in this type of legal aspects. He is actually an uncle of a friend of mine.

Whatever, synopsis of his word, related to my question is if own siblings of a deceased hindu male is alive at the time of his death, then they only get his property, under the Hindu Succession Act 1956 clause No. 9 which states that "those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession."

And widow of a predeceased brother can not claim ANYTHING in presence of ANY of THEM.

And brother in the same act means only living brothers at the time of death of the man in question -- not any predeceased brother.

Sorry to say that in an earlier similar topic in this website, someone has written whatever he wanted -- but NOT AT PAR THE HINDU SUCCESSION ACT 1956.

And in case of a will, all these heirships get void -- only remains the will of the executor.

However, thank you all.

 

 

 

Kumar Doab (FIN)     11 August 2017

I have posted response in other thread also inititaed by you, whose link is mentioned above.


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