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sriharan   28 January 2016

Legal heir issue

sir
my father has 4 younger brothers.
Three brothers are bachelor, intestate and deceased.
my father are also died.
now only one brother alive.
The above said peoples have 11 cent piece of land with individual document. the land is ancestor property. now my father's one younger brother and myself want to sale the land. As per the Hindu Succession Act 1956 class 1 my father's brother is eligible for legal heir.

my doubt is as per the As per the Hindu Succession Act 1956 class ii as am i also one of the legal heir? can i ask the equal right in deceased persons property?

my uncle refuse to give equal portion in his brothers land?

what can i do sir?



Learning

 1 Replies

Vijay Raj Mahajan (Advocate)     29 January 2016

If the property is ancestral in nature than partition according to Hindu Succession Act will not apply but all the Hindu Coparceners including you will get share in the property.

If the property was self acquired than after the death if your father you only get his share in the property.

Class 1 heirs have right above the class 2 heirs and living heirs of class 1 heir are entitled to get share of the deceased class 1 heir would have got if was alive.


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