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Girijapathi (ED)     15 October 2012

Division of properties after death

One of my family member murdered recently.  The couple does not have childred and have three elder brokers and three elder sisters with their families. Both wife and husband died in a span of less than a year. They have fixed assets like newly constructed house in the name of wife and a land in the name of husband gifted by his elder broker who unmarred and died. He is ex-service man and a bank employee sheculed for retire on 10th October 2012. Both husband and wife closely associated with their co-brother and sister (wife's sister) right from 1993 and they are look after their well being and even organized hindu rituals after their death.Their properties are:

1) newly constructed house

2) land gived by his broker

3) agriculture land alloted by MRO after retirement from defence.

4) house patta land alloted by MRO wherein co-brother's daughter figured as daughter.

 

Since he was murdered and no registered or unregistered will has been executed. Leaving the item no.4, how other assets from 1-3 are devolved to the family members. My question is how hindu succession act reads?

Since right from the begining co-broker and his wife care tackers to the couple, whether they can have full rights over the properties even though will has not been registered and written?. In some of the liquid assets like KVPs AND bank locker co-broker's wife has been notated and recently she has been joined as a joint holder to the locker. After his death, she became the sole locker holder.

Otherwise other family members of his family 3 brothers and 3 systers are equally devolved to the properties

Any one can plese consider this case and reply your suitable comments


thanks and regards


K GIRIJAPATHI



Learning

 2 Replies

Advocate Rohit (Advocate)     15 October 2012

The family memebrs i .e. siblings of the husband are the one who will have rights in the movable and immovable assets of the couple since the couple didnot have any child nor the couple had dependant parents.

 

Regards,

Advocate Rohit Dlamia

9324538481

Mumbai

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 October 2012

 

The Hindu Succession Act, 1956

 

THE SCHEDULE

 

HEIRS IN CLASS AND CLASS II

 

Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, duaghter of a pre-deceased daughter, widow of a pre-deceased son, 1son of pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son, widow of a pre-deceased son of a pre-deceased son.


Class II

 

1. Father

 

2. (1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister.

 

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter , (3) daughter’s

daughter’s son, (4) daughter’s daughter’s daughter.

 

IV. (1) Brother’s son (2) Sister’s son, (3) brother’s daughter (4) Sister’s daughter.

 

V. Father’s father. Father’s mother.

 

VI. Father’s widow, brother’s widow.

 

VII Father’s brother, father’s sister.

 

VIII Mother’s father, mother’s sister.

 

IX Mother’s brother, mother’s sister.

 

Explanation.- In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

 

Let me explain this schedule 

 

All heirs falling within Class I list take equally and to the exclusion of Class II heirs. If there is no Class I Heir - CLASS II heirs come into the scene - in this class there are categories - the earlier categories exclude the latter - for eg : in presence of father - brother sister don't get anything. 

 

Now you can find the answer yourself. 


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