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sanjay hiremath   28 January 2024

eligibility in claim in un-married sisters assets

my unmarried sister who expired due to cancer has left no will for her assets but in PPO family particulars my father's name ,my another sister's name and my name exists but she has not mentioned another brother's name.
Her SB account and some other accounts has nomination for my mother who is also expired.
Her site land doesn't have any nomination
In such situation who are the claimants here.


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     28 January 2024

The succession act of the personal law will play the vital role here.

It would be advisable to obtain a succession certificate through a court of law by incorporating all the names of the family members claiming them as class II legal heirs 

As per Hindu succession act, in the absence of mother - a class I legal heir, the father becomes the class II legal heir. If he is alive then he will get precedence over oother class II legal heirs to succeed to her assets both movazble and immovable. 

If her father and mother are not alive, then her property shall be distributed among her legal heirs, and her self-acquired property shall be distributed among the heirs of her mother and father

kavksatyanarayana (subregistrar/supdt.(retired))     28 January 2024

Is your father alive?

sanjay hiremath   29 January 2024

yes he is alive

Dr. J C Vashista (Advocate )     29 January 2024

Same query posted today itself, refer response to your query at

https://www.lawyersclubindia.com/forum/legal-heirs-of-un-married-female-with-mother-as-the-nominee--232740.asp

T. Kalaiselvan, Advocate (Advocate)     29 January 2024

If father is alive then the properties (both movable and immovable) left behind by the unmarried daughter shall automatically devolve on the father in the absence of mother of the deceased.  


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