Property Partition Question
16 Jan 2014, 01:16
There was a land property owned by my grand father. After his death it was shared equally between my mom, uncle and aunty. My Uncle passed away this Jan 2014. He has not made any WILL. The property is in his name. His wife is alive and she has no kids. My questions are;
1. Do me and my aunt’s children have the right to claim his property.
2. Does the uncle’s wife family has also the right to claim his property.
3. Does the Uncle’s wife has the full authority to decide on to whom she can give the property.
4. What are the other real scenarios that could happen in this case.
Appreciate your kindly advice.
2 Replies
“no, dear you or either your aunt’s children doesnot have any claim in the property. The legal provisions says that a person dies without will is:
If the Deceased is a Male
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no Class I or II heirs, then the property will first go to agnates (distant blood relatives of male lineage) and if no agnates are available then to cognates (distant blood relatives of male or female lineage). And if there are no cognates then the estate will go to government.
Class I Legal Heirs
The following relations are considered to be Class I heirs:
• Son/Daughter
• Widow
• Mother
• Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
• Son/Daughter of a pre-deceased Daughter
• Widow of a pre-deceased son
• Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
• Widow of a pre-deceased son of a predeceased son
The widow (or widows), mother and each of the children (son or daughter, the law makes no distinction) take equal shares. Where one or more of such sons or daughters is no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter.
Regards
Isha bhardwaj
Thank you so much on providing this information. This is very helpful for me.
Have a great day!!