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Sunny Sunny   18 February 2024

Legal heir

Who is legal heir of my bhabhi. My brother don't have kids and property registered to bhabhi name. They were taking care of two girls, and now the question is both brother and bhabhi passed away. Who is the legal heir? Brother relationship or two kids who grown-up and married 

 



Learning

 3 Replies

Dr. J C Vashista (Advocate )     18 February 2024

How Bhabhi has acquired the property, i.e., whether it is her ancestral (parental) or through her husband ? 

Which religion she has been professing since personal inheritence laws differ ?

Whether she has died intestate or executed any document in favour of girls, she was taking care at the time of her death and what is her relation whith the girls? 

Whether Bhabhi or bhai (brother) died before her / his spouse ?

Prima facie it is not a real dispute but an examination hall question paper, is it so ????

However, if the query is based on true and real problem you are required to answer above questions, which are concerned with issue vis-a-vis your queries.

Laxmi Kant Joshi (Advocate )     18 February 2024

If your bhabhi is a Hindu and the property is self acquired by her then the property devolves among her husband's heirs .

T. Kalaiselvan, Advocate (Advocate)     18 February 2024

Hindu succession act: 

Section 15. (1): The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,

(a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband

; (c) thirdly, upon the mother and father ;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother..

 


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