umamaheswar (senior manager) 05 January 2014

Legal heirs

Husband and wife both emploees. No children and no parents. both have brothers and sisters. in the joint names of them they have three properties which were purchased out of their own joint savings.

Q1. if both of them passed away without a will who wil be the legal heirs.

Q2. what is the effect if an unregistered will is there.

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2 Replies

Laxmi Kant Joshi (Advocate ) 05 January 2014

1. if both husband and wife who haven't children as well as parents but brother and sister are alive ,died intestate then according to The hindu succession act heirs in class ll comes as their legal heir i.e. brother and sister. 2. The drawback of an unregistered will is that after The demise of The will maker The members of The family fights themselves for more share and some new members comes and demands their shares and in this wayThe property become disputed and destroyed.

Adv Archana Deshmukh (Practicing Advocate) 05 January 2014

The property of the husband shall devolve upon his brothers and sisters and the property of the wife shall go to the heirs of the husband in this case.

Unregistered will is also valid provided it is validly signed by the testator and 2 witnesses.