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Prakash Alva (engineer)     04 August 2015

Hindu succession

There are two brothers and four sisters in the family. No mother or father surviving
First brother(A) passed away in June 2001,leaving behind his widow and were issueless, and the widow(C) inherited his house property. One sister(B)among the above passed away subsequently in sept. 2001.The widow (C)refered above, passed away in December 2009 interstate and she was issueless. The surviving members on her husband"s side at the time of her ( widow"s) death are one brother, three sisters and children of diseased sister (B).
In a situation like this who are the legal heirs to the widow's property.
Do we take the date of death of the widow or the actual date of death of the late husband for determining the legal heirs of her husband. ( Legal heirs would be different in each case)



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 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 August 2015

Sir,

 

Upon the legal heirs of the husband at the time of her death. Kindly refer Section 15 of the Hindu Succession Act, 1956.

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450

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Prakash Alva (engineer)     04 August 2015

While I accept and thank you for your valued opinion, while refering to section 15

there is no mention , that legal heirs to be considered at the time of death of the widow

Is there something ( some legality) I am missing in interpreting as a non legal person .

Taking the date of death of husband for determining his legal heirs would be of interest

to me, as such the question. Please do not take this an offending question.

saravanan s (legal advisor)     04 August 2015

as far as the widow c is concerned since she died intestate and issueless the legal heirs will be the heirs of the husband.the legal heirs will get equal share.now in this situaution you cant take into account a death and subsequent transfer of property to his widow and legal heirs of the widow only to be considered

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