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Deepak Kumar Singh   08 April 2024

Legal heir of deceased husband

Dear Sir, My sister's daughter husband hangs himself and end their life after 2 years of marriage.Now their elder brother has taken hold of his bank account and all of his money.She has a one month baby boy. What is the procedure to get all the money and property back.

Please guide.

Regards,

Deepak 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 April 2024

Your sister's daughter, the child and the mother (if alive) of the deceased are the Class I legal heirs to the deceased to succeed to all his estates and assets as legal heirs/successors in interest.

His brother is a class II legal heir hence cannot claim any rights in them.

She can file a suit for recovery of the amount he swiped off from the account of the deceased besides giving a criminal complaint for the acts of cheating, fraud and breach of trust against him.

She can file a suit for partition too claiming his share in the property 

kavksatyanarayana (subregistrar/supdt.(retired))     08 April 2024

Your sister may file a case for partition of property for her husband's property and amount.  Consult a local advocate.

Aadil (Student)     25 May 2024

Dear Deepak Kumar Singh,

Thank you for your query! I am Aadil and I will try to answer your question.

 

The short answer to your question is YES. The wife may claim back her husband’s property.

 

As per Section 8 of the Hindu Succession Act, 1956, the son, daughter and widow of an intestate male are Class I legal heirs to his property. The brother is only a Class II legal heir to his property. This means that as per the order of priority, the wife and son of the deceased, if alive, shall inherit the property left over by the intestate male.

As long as the Class I legal heirs are alive, the brother cannot claim this property.

Therefore, the aggrieved party may file a suit in the respective court to recover the same.

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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