wismay (proprietor) 18 September 2014

Indian succession act

Female dying intestate, she has no legal heirs and even in her husband side no one is there. But she had two brothers, one brother died recently and another one is ailing, can the deceased brother wife claim share through partition suit.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 18 September 2014

The group of heirs of the female Hindu dying intestate is described in 5 categories as 'a' to 'e' of section 15(1) which is illustrated as under:

In a case where she dies intestate leaving property, her property will firstly devolve upon her sons and daughters so also the husband. The children of any pre-deceased son or daughter are also included in the first category of heirs of a female Hindu ;

In case she does not have any heir as referred to above , i.e , sons, daughters and husband including children of any pre-deceased sons or daughters (as per clause 'a') living at the time of her death, then the next heirs will be the heirs of the husband;

Thirdly, if there are no heirs of the husband, the property would devolve upon themother and father;

Fourthly, if the mother and father are not alive, then the property would devolve upon the heirs of the father which mean brothers, sisters etc;