We are of 3 sisters and 2 brothers, out of which our eldest sisters expired in the year 2016. My second sister is expired on 06-Aug-2023 without leaving any son or daughter. Her husband expired on 01-Aug-2021. Her Cousin-brothers are alive and express their motive in submitting their claim of the ownership of the flat which was purchased by my sister after selling the property in the name of her deceased husband where they (my sister and her husband) once resided.
Please guide us how it is possible to us (the rest brothers and sister) submit the claim of the ownership (also the bank balance of a few lacs) of that sister-named flat.
I wait for your early reply.
With regards,
(Basistha Sen)
(younger brother of the deceased)
E-mail: senbasistha@gmail.com
Mitra Para Road, PO & PS Barasat, WB, 700124
A childless widow if dies intestate and she inherited the property from her husband, it will pass to her husband’s heirs as per Sections 15 and 16 of the Hindu Succession Act, 1956
Before ascertaining the share that will go to which legal heirs, it is important to know the origin of the property to know which provisions will apply for the succession of the property.
As per Section 15(1) of the HSA,1956, when a female Hindu dies without preparing a will then the devolution of her property is done to the following as per rules set out in Section 16:
- Upon the sons and daughters which includes the children of any pre-deceased son or daughter and the husband.
- Upon the heirs who are of the husband.
- Upon the mother and father of the female.
- Also upon the heirs of the father.
- Upon the heirs of the mother of the female.
If the property is succeeded by the female from her father’s family then the devolution of the property is done to the heirs of the father. However, if the property is inherited from her husband’s family then the heirs to the property are the heirs of her father-in-law and this is only when the husband is predeceased already.
In the given situation your sister's properties left behind upon her intestate death shall devolve on her deceased husband's legal heirs whether class I or class ii
