MITHILESH KUMAR (Supervisor) 10 April 2014

What if one of class ii heir passes away during litigation

Dear Sir,

My mother and her sister are only legal heir (class II) surviving after their brother's death intestate. There are no class I heir available.

Both have staked claim before tehsildar for their brother's ancestral agricultural land which is challenged by their brother's relative saying that the deceased didn't have any sister.

What will happen in case one of the sisters passes away (both being above 70 years of age) before it is proved that they are real sisters.

1. Will the surviving sister get the whole property or she will share it with children of deceased sister and in what ratio?

Regards

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2 Replies

cyberlawyer (barrister) 10 April 2014

First It has to be proved by the surviving sister as well as the heirs of the deceased sister that they are the real sisters. For this the heirs of the (if deceased) sister have to get impleaded in the case to prove that the person who expired is the brother of their mother.

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MITHILESH KUMAR (Supervisor) 11 April 2014

Thank you Cyberlawyer sir, If I can understand you want to tell that heirs of deceased sister will share the property with surviving sister on a 50:50 basis.

Regards